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KEAR v. RODER

Patent Appeal No. 4375.

115 F.2d 810 (1940)

KEAR v. RODER.

Court of Customs and Patent Appeals.

Rehearing Denied February 3, 1941.

Attorney(s) appearing for the Case

J. F. Mothershead, of Washington, D. C. (Paul P. Stoutenburgh and Samuel Scrivener, Jr., both of Washington, D. C., of counsel), for appellant.

Harry E. Dunham, of Schenectady, N. Y. (Merton D. Morse, of Schenectady, N. Y., and A. D. Salinger, of Boston, Mass., of counsel), for appellee.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

LENROOT, Associate Judge.

This appeal brings before us for review a decision of the Board of Appeals of the United States Patent Office in an interference proceeding awarding to appellee Roder priority of invention with respect to all of the counts forming the issue of the interference. This decision of the board reversed the decision of the Examiner of Interferences, who had awarded priority as to all counts to the party Kear.

The issue consists of four counts...

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