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McCORMICK v. MALHERBE

Patent Appeals No. 4393.

116 F.2d 520 (1941)

McCORMICK v. MALHERBE.

Court of Customs and Patent Appeals.

January 6, 1941.

Attorney(s) appearing for the Case

Charles L. Stokes, of Los Angeles, Cal. (Henry H. Snelling, of Washington, D. C., of counsel), for appellant.

Busser & Harding, of Philadelphia, Pa. (Frank S. Busser and Hayward H. Coburn, both of Philadelphia, Pa., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office in which it, in part, reversed the decision of the Examiner of Interferences and awarded priority of invention defined by counts 2, 5 and 6 to the party Malherbe.

On May 3, 1938, patent No. 2,116,208 issued to Malherbe on an application filed May 28, 1936, and on July 6, 1938, McCormick filed his application, serial No. 217,657, in which he...

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