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BRUMBAUGH v. WILSON

Patent Appeal No. 4642.

134 F.2d 180 (1943)

BRUMBAUGH v. WILSON.

Court of Customs and Patent Appeals.

February 1, 1943.

Attorney(s) appearing for the Case

J. Ralph Barrow, of Akron, Ohio (Robert W. Wilson, of Cleveland, Ohio, of counsel), for appellant.

E. L. Greenewald, R. S. Nelson and E. P. Boynton, all of New York City (Clair V. Johnson and David A. Woodcock, both of New York City, of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal from a decision of the Board of Interference Examiners of the United States Patent Office in a patent interference proceeding in which Brumbaugh, the junior party, has appealed from the decision of the board awarding priority of invention of the two article counts involved to the senior party, Wilson.

The counts correspond to two claims in Brumbaugh's patent issued October 24, 1939, upon an application filed May 17...

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