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HAGAR v. HAINES

Patent Appeal No. 6233.

243 F.2d 176 (1957)

Henry Howard HAGAR, Appellant, v. Frank D. HAINES, Appellee.

United States Court of Customs and Patent Appeals.

April 4, 1957.

Attorney(s) appearing for the Case

William A. Smith, Jr., Washington, D. C., and Howson & Howson, Philadelphia, Pa. (Charles H. Howson, Jr., Philadelphia, Pa., of counsel), for appellant.

Zachary T. Wobensmith, 2nd, Philadelphia, Pa., for appellee.

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

RICH, Judge.

This is an appeal by the senior party, Henry Howard Hagar, from a decision of the Board of Patent Interferences, awarding "priority of invention" as to the single count in interference to the junior party, Frank D. Haines. The issue in the case, however, is not priority in the usual sense of who was the first inventor but who was the inventor, i. e., originality of invention, a proper subject of inquiry in an interference.

The count...

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