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MASCIARELLI v. FOERSTE

Patent Appeal No. 5898.

197 F.2d 539 (1952)

MASCIARELLI v. FOERSTE.

United States Court of Customs and Patent Appeals.

Decided June 24, 1952.

Attorney(s) appearing for the Case

Charles R. Fay, Worcester, Mass. (Munson H. Lane, Washington, D. C., of counsel) for appellant.

No appearance for appellee.

Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and JACKSON (retired), Judges.

JACKSON, Judge.

Appellant has appealed from a decision of the Board of Interference Examiners of the United States Patent Office in an interference proceeding awarding to appellee priority of invention of the subject matter embraced within a single count which reads as follows:

"1. In a system for operating and regulating an electric discharge tube having thermionic electrode filaments, a source of alternating current, a transformer providing a closed magnetic...

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