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PEARSON v. ELDER

Patent Appeal No. 4679.

136 F.2d 1011 (1943)

PEARSON v. ELDER.

Court of Customs and Patent Appeals.

June 22, 1943.

Attorney(s) appearing for the Case

Mason & Porter, of Washington, D. C. (Eugene G. Mason and Herbert H. Porter, both of Washington, D. C., of counsel), for appellant.

Cushman, Darby & Cushman, of Washington, D. C. (John J. Darby, of Washington, D. C., of counsel), for appellee.

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

GARRETT, Presiding Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of invention to the party Elder.

The interference involves an application of the party Elder (serial No. 714,167) filed March 5, 1934, and a patent, No. 2,171,258, granted to the party Pearson August 29, 1939, based on an application filed July 12, 1937.

The invention, so far as the count here involved...

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