NYSTROM v. JANEWAY

Patent Appeal No. 5540.

173 F.2d 263 (1949)

NYSTROM et al. v. JANEWAY.

United States Court of Customs and Patent Appeals.

March 1, 1949.


Attorney(s) appearing for the Case

George Heidman, of Chicago, Ill., and Rodney Bedell, of St. Louis, Mo. (Joseph H. Milans, of Washington, D. C., of counsel), for appellants.

Robert E. Harris, of Detroit, Mich. (Francis D. Thomas and Harry W. F. Glemser, both of Washington, D. C., of counsel), for appellee.

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


JACKSON, Judge.

This is an appeal in an interference proceeding from a decision of the Board of Interference Examiners of the United States Patent Office awarding to appellee priority of invention of the subject matter defined in a single count reading as follows: "In a railway truck, an axle and wheel, a journal box carried thereby, an equalizer supported upon the journal box and extending longitudinally of the truck, the equalizer and journal box being movable together...

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