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ENGELBRECHT v. ROGERS

Patent Appeal No. 4973.

148 F.2d 102 (1945)

ENGELBRECHT v. ROGERS.

Court of Customs and Patent Appeals.

February 7, 1945.

Attorney(s) appearing for the Case

Hammond & Littell, of New York City (Charles P. Pollard, of New York City, of counsel), for appellant.

Lee R. Grabill, Jr., of Wilmington, Del. (David Katz, of Chicago, Ill., of counsel), for appellee.

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

BLAND, Associate Judge.

This is an appeal by Engelbrecht from a decision of the Board of Interference Examiners of the United States Patent Office awarding to appellee, Rogers, priority of invention as to count 5 in an interference proceeding which, in the Patent Office, involved thirteen counts. The board awarded one count, No. 6, to Engelbrecht and all the others to Rogers. After the appeal was taken here, the parties stipulated that the appeal should be withdrawn...

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