McKAY v. KELLOGG

Patent Appeal No. 4473.

120 F.2d 363 (1941)

McKAY et al. v. KELLOGG (NEW FOODS, Inc., Assignee).

Court of Customs and Patent Appeals.

Rehearing Denied July 3, 1941.


Attorney(s) appearing for the Case

Toulmin & Toulmin, of Washington, D. C. (M. Concannon, of Chicago, Ill., E. L. Harding, of Battle Creek, Mich., and H. A. Toulmin and H. A. Toulmin, Jr., both of Washington, D. C., of counsel), for appellant.

Barnett & Truman, of Chicago, Ill. (Percival H. Truman and Sherman R. Barnett, both of Chicago, Ill., of counsel), for appellee.

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


HATFIELD, Associate Judge.

This is an appeal in an interference proceeding from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Examiner of Interferences awarding priority of invention of the subject matter defined in the counts in issue — Nos. 1 and 2 — to appellee.

The interference is between appellants' application, No. 120,498, filed January 14, 1937, and appellee's application, No. 127...

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