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SMITH v. HAYWARD

Patent Appeals No. 5619.

176 F.2d 914 (1949)

SMITH v. HAYWARD.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 4, 1949.

Attorney(s) appearing for the Case

Lester B. Clark and Ray L. Smith, Houston, Tex., for appellant.

James P. Burns, Washington, D. C. (R. Werlin, Houston, Tex., of counsel), for appellee.

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

O'CONNELL, Judge.

The senior party, Smith, appeals here from the decision of the Board of Interference Examiners of the United States Patent Office, designated in the certified transcript of the record as the Board of Patent Interferences, awarding priority of invention of the subject matter defined by the four counts in issue, Nos. 1, 2, 3, and 4, to appellee, the junior party, John T. Hayward.

The interference involves appellant's application, No. 230,274...

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