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WARE v. CARLTON

Patent Appeals Nos. 5485, 5486.

173 F.2d 366 (1949)

WARE v. CARLTON et al. CARLTON v. WARE et al.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 8, 1949.

Attorney(s) appearing for the Case

Ephraim Banning, of Chicago, Ill., for Ware.

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 Carlton.

William H. Webb, of Pittsburgh, Pa., and Donald A. Gardiner, of Washington, D. C., (Stebbins, Blenko & Webb, of Pittsburgh, Pa., of counsel), for Robie and Ball.

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

O'CONNELL, Judge.

This is an appeal in a three-party interference proceeding from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of invention of the ten counts in issue, Nos. 1 to 10, inclusive, to Norman P. Robie and Albert L. Ball, appellees.

The interference involves the patent to Ware, No. 2,278,158, granted March 31, 1942, on an application filed June 24, 1940, as a continuation-in-part of Ware...

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