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FERRIS v. SWITZER

Patent Appeals No. 5493.

172 F.2d 238 (1949)

FERRIS v. SWITZER et al.

United States Court of Customs and Patent Appeals.

January 5, 1949.

Attorney(s) appearing for the Case

Parker & Carter and Leslie M. Parker, all of Chicago, Ill. (Spencer B. Michael, of Washington, D. C., of counsel) for appellant.

Ely & Frye and Albert L. Ely, Jr., all of Akron, Ohio, for appellees.

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

O'CONNELL, Judge.

The junior party, Ferris, appeals here from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of the subject matter defined by the counts in issue (Nos. 1 and 2) to appellees, the senior party, Switzer et al.

Switzer et al. filed their application October 9, 1941; Ferris on December 22, 1941. Ferris was granted a patent May 18, 1943. The party Ferris moved that the interference be dissolved...

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