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GIAMBALVO v. DETRICK

Patent Appeal No. 5426.

168 F.2d 116 (1948)

GIAMBALVO v. DETRICK et al.

Court of Customs and Patent Appeals.

May 4, 1948.

Attorney(s) appearing for the Case

Byerly, Townsend & Watson, of New York City (Ralph M. Watson, of New York City, of counsel), for appellant.

Cullen G. Frey, of Wilmington, Del. (C. H. Biesterfeld, of Washington, D. C., of counsel), for appellees.

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

GARRETT, Presiding Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority to appellees in an interference proceeding involving two counts which read as follows:

"1. In a process for preparing phthalocyanine pigments in an extremely finely divided form, the step which comprises drowning an acid solution of the phthalocyanine color in water which is in a state of turbulent flow and...

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