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BROOKER v. RIESTER

Patent Appeals No. 5297.

161 F.2d 745 (1947)

BROOKER v. RIESTER et al.

Court of Customs and Patent Appeals.

May 20, 1947.

Attorney(s) appearing for the Case

Newton M. Perrins and Daniel I. Mayne, both of Rochester, N. Y., for appellant.

Richard K. Stevens, of Washington, D. C. (E. P. Gilheany, of New York City, and E. H. Mosher, of Washington, D. C., of counsel), for appellee.

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

JACKSON, Associate Judge.

This appeal is in an interference proceeding from a decision of the Board of Interference Examiners of the United States Patent Office awarding priority of the subject matter of invention of 5 counts to the joint appellees.

The counts read as follows:

Count 1: A dyestuff having the following general formula:

wherein A and B stands for an atom grouping capable...

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