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LOVELL v. PEER

Patent Appeals No. 4980.

148 F.2d 212 (1945)

LOVELL v. PEER.

Court of Customs and Patent Appeals.

March 5, 1945.

Attorney(s) appearing for the Case

Alva D. Adams, of Washington, D. C., for appellant.

Harry E. Dunham, of Schenectady, N. Y. (Russell A. Warner, of Schenectady, N. Y., 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 wherein the Board of Interference Examiners awarded priority of invention of the subject matter of counts 1 to 5, inclusive, to appellee.

The interference involves an application of appellant filed July 27, 1938, and an application of appellee filed January 24, 1939.

Counts 4 and 5 are considered illustrative of the subject matter and read as follows:

"4. Repulsion apparatus...

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