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HOLISTER v. MAYNARD

Patent Appeals No. 4590.

129 F.2d 877 (1942)

HOLISTER et al. v. MAYNARD.

Court of Customs and Patent Appeals.

July 6, 1942.

Attorney(s) appearing for the Case

Carlos G. Stratton, of Huntington Park, Cal. (Charles E. Riordon, of Washington, D. C., of counsel), for appellants.

Frederick S. Lyon and Frederick W. Lyon, both of Los Angeles, Cal. (Harry W. F. Glemser, 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 from a decision of the Board of Interference Examiners awarding priority of the subject matter contained in the single count to appellee, Maynard.

The interference involves a design patent of appellants No. 115,335, dated June 20, 1939 on an application filed April 26, 1939, and an application of appellee Serial No. 87,611, filed October 10, 1939, which copied the single claim of the design patent of appellants....

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