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CARLTON v. ROBIE

Patent Appeal No. 5491.

173 F.2d 362 (1949)

CARLTON v. ROBIE et al.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 8, 1949.

Attorney(s) appearing for the Case

Harold J. Kinney, of St. Paul, Minn. (Carpenter, Abbott, Coulter & Kinney, of St. Paul, Minn., and Richard K. Stevens, of Washington, D. C., of counsel), for appellant.

William H. Webb, of Pittsburgh, Pa., Donald A. Gardiner, of Washington, D. C., and Stebbins, Blenko & Webb and Webb, Mackey & Burden, all of Pittsburgh, Pa., for appellees.

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 awarding priority of invention of the subject matter of three counts to appellees.

The interference is a companion to a three party interference, No. 80,225, the issues of which have been decided by us concurrently herewith in appeal Nos. 5485 and 5486. 173 F.2d 366

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