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THOMAS v. MICHAEL

Patent Appeal No. 5349.

166 F.2d 944 (1948)

THOMAS et al. v. MICHAEL et al.

Court of Customs and Patent Appeals.

Rehearing Denied April 14, 1948.

Attorney(s) appearing for the Case

Charles M. Thomas, of Washington, D. C. (Clarence O. McKay, of Washington, D C., of counsel), for appellants.

Samuel Z. Gordon and Loretta I. Martone, both of Washington, D. C., for appellees.

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

O'CONNELL, 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 single count in issue to the appellees herein.

The interference is between appellees' application No. 345,366, filed July 13, 1940, which is alleged to be a division of their application No. 222,144, filed July 30, 1938; and appellants' patent...

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