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CARLTON v. ROBIE

Patent Appeal No. 5490.

173 F.2d 371 (1949)

CARLTON v. ROBIE.

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

William H. Webb, of Pittsburgh, Pa., Donald A. Gardiner, of Washington, D. C., and Stebbins, Blenko & Webb, of Pittsburgh, Pa., for appellee.

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

JOHNSON, 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 two counts to appellee.

The interference involves the application of appellant, Serial No. 261,069, filed March 10, 1939, and the application of appellee, Serial No. 487,621, filed May 19, 1943.

Appellee also relies in this interference on two earlier four-party applications filed...

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