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HOLDSWORTH v. GOLDSMITH

Patent Appeals No. 4593.

129 F.2d 571 (1942)

HOLDSWORTH v. GOLDSMITH

Court of Customs and Patent Appeals.

June 1, 1942.

Attorney(s) appearing for the Case

George L. Wilkinson and Howard Somervell, both of Chicago, Ill., and E. W. Shepard, of Washington, D. C., for appellant.

Frank Zugelter, of Cincinnati, Ohio (Donald Gardiner, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office, affirming that of the Examiner of Interferences in awarding priority of invention in the single count involved to the senior party Goldsmith, with respect to an improvement in wall construction.

The single count involved reads as follows:

"Count 3. A wall construction comprising laterally spaced and longitudinal base members, connecting...

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