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BIERLY v. HAPPOLDT

Patent Appeal No. 5921.

201 F.2d 955 (1953)

BIERLY v. HAPPOLDT.

United States Court of Customs and Patent Appeals.

February 6, 1953.

Attorney(s) appearing for the Case

Campbell, Brumbaugh, Free & Graves, New York City (Walter H. Free, New York City, Thornton F. Holder, Painesville, Ohio and John R. Janes, New York City, of counsel), for appellant.

J. M. Castle, Jr., Wilmington, Del., for appellee.

Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and COLE, Judges.

GARRETT, Chief Judge.

This is an appeal from the decision of the Board of Interference Examiners of the United States Patent Office awarding priority to appellee because of its holding that the disclosure in the application of appellant, who is the senior party, does not clearly support the counts.

The application of Bierly, serial No. 21,742, entitled "Flame-Resistant Composition," was filed April 17, 1948; that...

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