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RODLI v. PHILLIPPI

Patent Appeals Nos. 5095, 5096.

154 F.2d 139 (1946)

RODLI v. PHILLIPPI. SAME v. LING et al.

Court of Customs and Patent Appeals.

March 6, 1946.

Attorney(s) appearing for the Case

Karl W. Flocks, of Washington, D. C., for appellant.

Howard L. Fischer, of Minneapolis, Minn. (Frank A. Whiteley, of Minneapolis, Minn., and Herbert J. Jacobi, of Washington, D. C., of counsel), for appellee.

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

GARRETT, Presiding Judge.

These are appeals from decisions of the Board of Interference Examiners of the United States Patent Office awarding priority to the party Phillippi. The subject matter of both interferences consists of a "marker decalcomania" hereinafter more particularly described. Because of the similarity of the subject matter and the issues respecting priority the records were combined in the Patent Office and come to us in consolidated form.

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