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FERSING v. FAST

Patent Appeal No. 4470.

121 F.2d 531 (1941)

FERSING v. FAST.

Court of Customs and Patent Appeals.

July 2, 1941.

Attorney(s) appearing for the Case

George H. Kennedy, Jr., of Worcester, Mass. (Charles E. Riordon, of Washington, D. C., of counsel), for appellant.

H. C. Dieserud, of New York City, for appellee.

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

BLAND, Associate Judge.

Appellant has here appealed from the decision of the Board of Appeals of the United States Patent Office in an interference proceeding in which the board affirmed the decision of the Examiner of Interferences in awarding priority of invention of the six counts involved to the senior party Fast. The sole issue for determination is one of originality. Both parties rely upon the same development activities to establish their respective cases....

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