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KINGSLAND v. CARTER CARBURETOR CORPORATION

No. 9574.

168 F.2d 565 (1948)

KINGSLAND v. CARTER CARBURETOR CORPORATION.

United States Court of Appeals District of Columbia.

Decided May 25, 1948.

Attorney(s) appearing for the Case

Messrs. W. W. Cochran, Solicitor, United States Patent Office, and E. L. Reynolds, U. S. Patent Office, both of Washington, D. C., for appellant.

Mr. Hugh M. Morris, of Wilmington, Del., with whom Messrs. Gilbert P. Ritter, of Washington, D. C., and George R. Ericson, of St. Louis, Mo., were on the brief, for appellee.

Mr. Winston Ellis Hobbs, of Washington, D. C., also entered an appearance for appellee.

Before EDGERTON, CLARK, and PRETTYMAN, Associate Justices.

EDGERTON, Associate Justice.

In a Patent Office interference proceeding between appellee's Coffey patent No. 2,085,351 and Hunt application No. 727,648, the primary examiner overlooked or ignored a prior decision of the District Court regarding Hunt's filing date and made Hunt the junior party. This subjected Hunt to the burden of proof. He moved to shift the burden of proof. The Examiner of Interferences did not set this motion for hearing before the primary examiner...

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