BAIN v. HASSELSTROM

Patent Appeal No. 5364.

165 F.2d 436 (1947)

BAIN et al. v. HASSELSTROM et al.

Court of Customs and Patent Appeals.

Rehearing Denied January 27, 1948.


Attorney(s) appearing for the Case

Charles E. Carney, of Cleveland, Ohio (A. Ponack, of Washington, D. C., of counsel), for appellants.

Herbert H. Porter and Mason & Porter, all of Washington, D. C., for appellees.

W. W. Cochran, of Washington, D. C. (E. L. Reynolds, of Washington, D. C., of counsel), for the Commissioner of Patents as amicus curiae.

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


GARRETT, Presiding Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office, holding that the question of abandonment of an application alleged to exist on the part of appellees, is ancillary to the question of priority, and, upon finding that appellees had not abandoned it, awarding them priority.

A single count which originated in the Bain et al. application is involved. It reads:

"The process...

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