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BAKER v. ALTHER

Patent Appeals No. 4994.

149 F.2d 942 (1945)

BAKER et al. v. ALTHER.

Court of Customs and Patent Appeals.

May 22, 1945.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Louis D. Forward, of New York City, of counsel), for appellants.

Charles M. Thomas, of Washington, D. C. (Clarence O. McKay, of Washington, D. C., of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an appeal in an interference proceeding from a decision of the Board of Interference Examiners of the United States Patent Office awarding priority of the subject matter of the involved counts to appellee.1

The counts are:

"1. In the production of polymerized olefins wherein a heated gaseous mixture containing a substantial amount of normally gaseous higher olefins is passed at a temperature...

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