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BARTSCH v. BAKER

Nos. 4638, 4639.

134 F.2d 487 (1942)

BARTSCH v. BAKER. BAKER v. BARTSCH.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 2, 1943.

Attorney(s) appearing for the Case

Joshua R. H. Potts, Eugene V. Clarke, and Basel H. Brune, all of Chicago, Ill., for Bartsch.

S. Warwick Keegin, of Washington, D. C. (Semmes, Keegin, Beale & Semmes, of Washington, D. C., of counsel), for Baker.

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

GARRETT, Presiding Judge.

These cases (consolidated below and disposed of in single decisions by the respective tribunals of the Patent Office) present appeals from the decision of the Board of Appeals affirming that of the Examiner of Interferences in an interference declared by the Primary Examiner which, in its final form, involved two counts reading as follows:

"1. A dish for maintaining food at a desired temperature comprising a body of pottery or like...

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