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MUSKAT v. SCHMELKES

Patent Appeal No. 4806.

140 F.2d 984 (1944)

MUSKAT et al. v. SCHMELKES.

Court of Customs and Patent Appeals.

Rehearing Denied March 6, 1944.

Attorney(s) appearing for the Case

Parry & Miller, of Washington, D. C. (Edmund H. Parry, Jr., of Washington, Pa., and Olen E. Bee, of Pittsburgh, Pa., of counsel), for appellant.

H. Frank Wiegand, of New York City (Edwin R. Hutchinson, of Washington, D. C., of counsel), for appellee.

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

BLAND, Associate Judge.

From a decision of the Board of Interference Examiners of the United States Patent Office awarding to Schmelkes priority in four counts corresponding to claims taken from three Muskat and Chenicek patents, Muskat and Chenicek have here appealed. The counts all define a product, and since we are not concerned here with the differences in the breadth of the counts, count 1 is illustrative and reads:

"1. Chlorinated melamine characterized...

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