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WHITTIER v. BORCHARDT

Patent Appeal No. 5076.

154 F.2d 522 (1946)

WHITTIER v. BORCHARDT.

Court of Customs and Patent Appeals.

Rehearing Denied May 3, 1946.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City, and Ralph M. Snyder and William A. Snow, both of Chicago, Ill. (S. B. Michael, of Washington, D. C. and Rummler, Rummler & Davis, of Chicago, Ill., of counsel), for appellant.

Ralph Loring Dugger, Hiram M. Joslin, and Arthur R. Wylie, all of Minneapolis, Minn. (Anthony A. Juettner, of Minneapolis, Minn., of counsel), for appellee.

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

HATFIELD, Associate Judge.

This is an appeal in an interference proceeding from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of the invention defined by the counts in issue (Nos. 1 to 3, inclusive) to appellee, Lester F. Borchardt.

The interference is between appellant's application No. 160,300, filed August 21, 1937, which is alleged to be a continuation-in-part of his application No. 711,539, filed...

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