BIRMINGHAM v. RANDALL

Patent Appeal No. 5512.

171 F.2d 957 (1948)

BIRMINGHAM v. RANDALL.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 28, 1949.


Attorney(s) appearing for the Case

Firm of Charles W. Hills, of Chicago, Ill. (Benjamin H. Sherman and J. Arthur Gross, both of Chicago, Ill., of counsel), for appellant.

James M. Heilman, of Washington, D. C., for appellee.

Before GARRETT, Chief Judge, and HATFIELD, JACKSON, O'CONNELL, and JOHNSON, Judges.


HATFIELD, 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 invention of the single count in issue to Boardman M. Randall, appellee.

The interference involves an application of appellee, Randall, No. 468,010, filed December 5, 1942, and patent No. 2,343,740, issued to appellant, Donald G. Birmingham...

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