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FRANK v. HOLLERITH

Patent Appeals No. 5236.

159 F.2d 774 (1947)

FRANK v. HOLLERITH.

Court of Customs and Patent Appeals.

February 11, 1947.

Attorney(s) appearing for the Case

T. J. Plante, of South Bend, Ind. (Vernon A. Dorsey, of Washington, D. C., of counsel), for appellant.

Lloyd W. Patch, of Washington, D. C., for appellee.

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 appellant, because of lack of disclosure, is not entitled to make the count involved in an interference proceeding, and awarding priority to appellee.

The decision of the board states that the wheel structure described in the count is "particularly intended for airplane...

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