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TOLLE v. STARKEY

Patent Appeal No. 6339.

255 F.2d 935 (1958)

Vance W. TOLLE and Paul E. Ludy, Appellants, v. William A. STARKEY, Appellee.

United States Court of Customs and Patent Appeals.

June 18, 1958.

Attorney(s) appearing for the Case

D. C. Staley, Dayton, D. C. (G. L. DeMott, Washington, D. C., of counsel), for appellants.

Verne A. Trask, Indianapolis, Ind. (Richard R. Trexler, Chicago, Ill., and Francis C. Browne, Washington, D. C., of counsel), for appellee.

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

JOHNSON, Chief Judge.

This is an appeal from the decision of the Patent Office Board of Patent Interferences awarding priority of invention of the subject matter of interference No. 87,020 to the senior party, William A. Starkey, the appellee here. The invention in issue is a method of coating articles made of rubber or synthetic elastomers and is defined in a single count which is as follows:

"In the method of coating a substantially electrically non-conductive...

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