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DUDDY v. SOLOMON

Patent Appeals No. 6255.

242 F.2d 786 (1957)

Joseph C. DUDDY, Appellant, v. Frank SOLOMON, Appellee.

United States Court of Customs and Patent Appeals.

March 29, 1957.

Attorney(s) appearing for the Case

Woodcock & Phelan and Virgil E. Woodcock, Philadelphia, Pa. (Edward J. Dwyer, Detroit, Mich., Robert I. Staples, Philadelphia, Pa., and Miles D. Pillars, Washington, D. C., of counsel), for appellant.

Watson, Cole, Grindle & Watson and Francis G. Cole, Washington, D. C., for appellee.

Before JOHNSON, Chief Judge, and WORLEY, RICH and JACKSON (retired), Judges.

WORLEY, 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 involved to the senior party, Frank Solomon appellee here.

The count reads:

"An electrode for electric batteries, comprising a self-supporting, flat, plate-like body consisting throughout its thickness of comminuted material, said comminuted material being constituted, at least...

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