GRAY v. FORTUNATO

Patent Appeals No. 5614.

175 F.2d 585 (1949)

GRAY v. FORTUNATO.

United States Court of Customs and Patent Appeals.

June 28, 1949.


Attorney(s) appearing for the Case

Albert L. Ely, Bernard C. Frye, and Ely & Frye, Akron, Ohio, for appellant.

Franklin E. Quale and Cromwell, Greist & Warden, Chicago, Ill., for appellee.

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


JOHNSON, Associate Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority of invention to appellee.

The subject matter of the interference is defined in a single count which reads as follows:

"A carrier formed from a foldable paperboard blank, scored and cut to provide a handle portion, a pair of upwardly extending and oppositely disposed side panels, a bottom panel connecting...

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