BOWERS v. VALLEY

Patent Appeals Nos. 4993, 4995.

149 F.2d 284 (1945)

BOWERS v. VALLEY et al. VALLEY v. BOWERS et al.

Court of Customs and Patent Appeals.

Rehearing Denied May 22, 1945.


Attorney(s) appearing for the Case

H. L. Kirkpatrick and C. E. Hammett, Jr., both of Boston, Mass., and M. H. Hamilton, of Lexington, Mass., (Charles F. Meroni, of Chicago, Ill., of counsel), for Bowers.

Leonard L. Kalish, of Philadelphia, Pa. (Arthur N. Klein, of Bayonne, N. J., of counsel), for Valley.

John Flam, of Los Angeles, Cal., for Ernst.

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


BLAND, Associate Judge.

The two junior parties, Bowers and Valley, have here appealed from the decision of the Board of Interference Examiners of the United States Patent Office in a three-party patent interference proceeding, awarding to the senior party, Ernst, priority of invention of the two counts involved.

The interference is between three applications. That of Bowers, Serial No. 365,600, was filed November 14, 1940; that of Valley, Serial No. 290,355...

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