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DREW v. CASE

Patent Appeals No. 4583.

129 F.2d 858 (1942)

DREW v. CASE.

Court of Customs and Patent Appeals.

Rehearing Denied July 10, 1942.

Attorney(s) appearing for the Case

Paul Carpenter, of St. Paul, Minn. (Chas. S. Grindle, of Washington, D. C., J. T. Basseches, of New York City, and E. G. Carpenter, of St. Paul, Minn., of counsel), for appellant.

Delos G. Haynes, of St. Louis, Mo. (Lloyd R. Koenig, of St. Louis, Mo., of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an interference proceeding wherein the Board of Interference Examiners of the United States Patent Office awarded priority of invention of the subject matter of the single count involved to Case, the junior party.

The count reads as follows: "A laminated material comprising a layer of fabric, a layer of rubber derived from latex on one side of said fabric and penetrating the same, a layer of adhesive material on the other...

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