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PINKERTON v. STAHLY

Patent Appeal No. 4912.

144 F.2d 881 (1944)

PINKERTON et al. v. STAHLY et al.

Court of Customs and Patent Appeals.

Rehearing Denied October 2, 1944.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Louis D. Forward and Clarence M. Fisher, both of Washington, D. C., and Raymond F. Adams, of New York City, of counsel), for appellants.

George J. Silhavy (W. E. Currie and P. L. Young, both of New York City, and W. F. Weigester, of Washington, D. C., of counsel), for appellees.

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

BLAND, Associate Judge.

Pinkerton and Mendius, the junior party, have here appealed from a decision of the Board of Interference Examiners of the United States Patent Office in an interference proceeding, awarding to Stahly and Hattox, the senior party, priority of the invention defined in count 2 (the only count at issue here). The interference is between appellants' patent No. 2,233,144, granted February 25, 1941, on an application filed October 19, 1939, and appellees...

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