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ROBIE v. NETHERLY

Patent Appeal No. 5495.

172 F.2d 557 (1949)

ROBIE v. NETHERLY et al.

United States Court of Customs and Patent Appeals.

Rehearing Denied February 25, 1949.

Attorney(s) appearing for the Case

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

Harold J. Kinney, of St. Paul, Minn. (Carpenter, Abbott, Coulter & Kinney, of St. Paul, Minn., of counsel), 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 to appellees priority of invention of the subject matter of a single count.

The interference involves an application of appellant, serial No. 469,232, filed December 16, 1942, for a patent for "Flexible Abrasive Articles" and assigned to The Carborundum Co. and stated to be a continuation-in-part of an application, serial No. 336...

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