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ADAM v. ROTH

Patent Appeal No. 5525.

173 F.2d 259 (1949)

ADAM et al. v. ROTH.

United States Court of Customs and Patent Appeals.

March 1, 1949.

Attorney(s) appearing for the Case

Thomas A. Banning, Jr., of Chicago, Ill., for appellants.

Roberts B. Larson, of Washington, D. C., for appellee.

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

GARRETT, Chief Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority to the party Roth in an interference proceeding involving a single count which relates to albums for holding phonograph record disks. The count reads:

"In an album for record discs centrally apertured to receive the centering post of the turntable of a phonograph, a back cover, a front cover, a retaining post...

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