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SENKUS v. JOHNSTON

Patent Appeal No. 5419.

166 F.2d 597 (1948)

SENKUS v. JOHNSTON.

Court of Customs and Patent Appeals.

March 2, 1948.

Attorney(s) appearing for the Case

Henry C. Parker, of Washington, D. C., for appellant.

Wm. P. Spielman, of Stamford, Conn. (Edmund H. Parry, Jr., of Washington, D. C., of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an appeal in an interference proceeding from a decision of the Board of Interference Examiners awarding priority of invention of the subject matter of the seven counts in issue to appellee. Two applications are involved. Appellant's application, serial No. 441,021, was filed April 29, 1942. The application of appellee, serial No. 413,652, was filed October 4, 1941. Appellee being the senior party, appellant had the burden of proving...

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