VARIAN v. LLEWELLYN

Patent Appeal No. 5471.

178 F.2d 997 (1949)

VARIAN v. LLEWELLYN.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 31, 1950.


Attorney(s) appearing for the Case

Herbert H. Thompson, Brooklyn, N. Y. (Paul B. Hunter, Brooklyn, N. Y., Victor D. Borst, New York City, and Thomas M. Ferrill, Jr., New York City, of counsel), for appellant.

Henry R. Ashton, M. R. McKenney, and H. A. Burgess, New York City (Harry R. Pugh, Jr., and Guy T. Morris, New York City, of counsel), for appellee.

E. L. Reynolds, Washington, D. C., for Commissioner of Patents as amicus curiae.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, and JOHNSON, Judges, and MILLER, Judge of the United States Court of Appeals for the District of Columbia.


JACKSON, Judge.*

Appellant, the junior party to this interference proceeding, appealed from a decision of the Board of Interference Examiners of the United States Patent Office, awarding priority of invention of the subject matter of counts 1, 3 and 4 to appellee. With respect to the remaining counts, 2, 5 and 6, priority was awarded to appellant. No appeal was taken by appellee from that award...

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