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WIRKLER v. PERKINS

Patent Appeal No. 6270.

245 F.2d 502 (1957)

Walter H. WIRKLER, Appellant, v. Corles M. PERKINS and Alfred Bennett, Appellees.

United States Court of Customs and Patent Appeals.

June 17, 1957.

Attorney(s) appearing for the Case

Marvin Moody, Cedar Rapids, Iowa (Robert B. Harmon, Washington, D. C., of counsel), for appellant.

C. J. Kalman and S. H. Hartz, Teterboro, N. J. (Emory C. Naylor, Washington, D. C., of counsel), for appellees.

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

RICH, Judge.

This is an appeal from a decision of the Board of Patent Interferences awarding priority of invention of the subject matter of the count to the senior party, Perkins and Bennett. The application of the junior party, Walter H. Wirkler, was filed on August 17, 1949. The Perkins et al. application was filed September 19, 1947. The Wirkler application has matured into patent No. 2,548,278 from which the count was...

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