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CROME v. MORROGH

Patent Appeal No. 6214.

239 F.2d 390 (1956)

Lester C. CROME, Appellant, v. Henton MORROGH, Appellee.

United States Court of Customs and Patent Appeals.

November 30, 1956.

Attorney(s) appearing for the Case

Marechal, Biebel, French & Bugg, and Greer Marechal, Dayton, Ohio (Lee B. Kemon, New York City, of counsel), for appellant.

Roy F. Steward, New Haven, Conn. (Merrill F. Steward, New Haven, Conn., of counsel), for appellee.

Before JOHNSON, Chief Judge, and O'CONNELL, RICH and JACKSON, retired, Judges.

O'CONNELL, Judge.

This is an appeal from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention of the subject matter in issue in interference No. 85,061 to Henton Morrogh, the appellee in the instant proceeding. The invention involved is a gray cast iron which is defined in the following counts:

"Count 1. Gray cast iron which contains a small proportion of cerium uncombined with sulphur and in...

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