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SMITH v. SWAINE

Patent Appeals No. 4571.

127 F.2d 140 (1942)

SMITH v. SWAINE.

Court of Customs and Patent Appeals.

Rehearing Denied June 12, 1942.

Attorney(s) appearing for the Case

Mastin G. White, of Washington, D. C. (Irvin G. Menikheim, of Washington, D. C., of counsel), for appellant.

Forbes Silsby, of New York City (George B. Campbell and Benjamin Sweedler, both of New York City, of counsel), 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 awarding priority of invention to appellee in the two counts of an interference relating to an invention of an insecticide. The counts are as follows:

"1. An insecticide containing as its essential active ingredient one of the class of compounds known as xanthones.

"2. An insecticide containing as its essential active ingredient...

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