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EMONS v. McDANAL

Patent Appeal No. 4341.

112 F.2d 844 (1940)

EMONS v. McDANAL.

Court of Customs and Patent Appeals.

June 24, 1940.

Attorney(s) appearing for the Case

Samuel E. Darby, of New York City (George P. Kimmel, of Washington, D. C., of counsel), for appellant.

R. H. Galbreath, of Denver, Colo. (Robert I. Dennison and George C. Baldt, both of Washington, D. C., of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an appeal in an interference proceeding from a decision of the Board of Appeals of the United States Patent Office affirming the decision of the Examiner of Interferences awarding priority of invention to appellee.

The interference is between appellant's application, serial No. 66,408, filed December 9, 1936, and appellee's patent, issued April 28, 1936, on an application filed February 15, 1935. One count is involved in this...

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