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SIMPSON v. VOORHEES

Patent Appeal No. 5195.

158 F.2d 1004 (1946)

SIMPSON et al. v. VOORHEES.

Court of Customs and Patent Appeals.

Rehearing Denied February 7, 1947.

Attorney(s) appearing for the Case

Oswald G. Hayes, of Manhasset, N. Y. (Richard K. Stevens, of Washington, D. C., of counsel), for appellants.

Donald E. Payne and Pike H. Sullivan, both of Chicago, Ill., for appellee.

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

BLAND, Associate Judge.

This is an appeal from a decision of the Board of Interference Examiners of the United States Patent Office awarding the appellee, who is the junior party, priority of the invention defined in two counts, which are the only counts at issue.

The interference was declared between appellee's patent No. 2,239,801, issued April 29, 1941, on an application filed January 8, 1938, and appellants' application, Serial No. 361,440, filed October...

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