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PAYNE v. MOORE

No. 5637.

181 F.2d 243 (1950)

PAYNE v. MOORE.

United States Court of Customs and Patent Appeals

April 3, 1950.

Attorney(s) appearing for the Case

Norman H. Gerlach, Chicago, Ill. (Miles D. Pillars, Washington, D. C., of counsel), for appellant.

Christy, Parmelee & Strickland, Pittsburgh, Pa. (Wm. H. Parmelee, L. Clyde Strickland, Pittsburgh, Pa., and Lee L. Townshend, Washington, D. C., of counsel), for appellee.

GARRETT, Chief Judge.

Appellant, hereinafter referred to as Payne, seeks reversal of the decision of the Board of Interference Examiners awarding priority to appellee, hereinafter referred to as Moore, in an interference proceeding (No. 81,602) involving six counts which relate to a particular type electric arc furnace used for melting metal in foundry furnaces.

Counts 3 and 5 were quoted by the board as being "sufficiently illustrative." They read:

...

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