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LUSTIG v. LEGAT

Patent Appeals No. 5155.

154 F.2d 680 (1946)

LUSTIG v. LEGAT.

Court of Customs and Patent Appeals.

April 1, 1946.

Attorney(s) appearing for the Case

Rockwell & Bartholow, of New Haven, Conn. (Henry E. Rockwell and Edmond M. Bartholow, both of New Haven, Conn., and Edwin R. Hutchinson, of Washington, D. C., of counsel), for appellant.

Briesen & Schrenk, of New York City (Fred A. Klein and John J. Hart, both of New York City, of counsel), for appellee.

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

BLAND, Associate Judge.

The senior party, Egon Lustig, appeals here from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of invention of the single count involved in this interference to the junior party, Robert C. Legat.

The interference involves patent No. 2,224,082, granted December 3, 1940, to Legat upon an application filed August 30, 1939, and an application of Lustig, filed November 18, 1941,...

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