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MELTON v. NETHERLY

Patent Appeal No. 5434.

167 F.2d 1016 (1948)

MELTON et al. v. NETHERLY et al.

Court of Customs and Patent Appeals.

May 4, 1948.

Attorney(s) appearing for the Case

William H. Webb, of Pittsburgh, Pa., Donald A. Gardiner, of Washington, D. C., and Stebbins, Blenko & Webb, of Pittsburgh, Pa. (George E. Stebbins, of Pittsburgh, Pa., of counsel), for appellants.

Harold J. Kinney, of St. Paul, Minn., for appellees.

Before GARRETT, Presiding Judge, and HATFIELD and JACKSON, Associate Judges.

HATFIELD, 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 invention of the counts in issue to George P. Netherly, Gilbert R. Anderson, and Bert S. Cross, appellees.

The interference involves appellees' patent, No. 2,269,415, issued January 6, 1942, on an application filed December 11, 1937, and an application filed by appellants...

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