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NEUFELD v. MARTE

Patent Appeal No. 6340.

254 F.2d 164 (1958)

Leonard C. NEUFELD, Appellant, v. Herman L. MARTE, Appellee.

United States Court of Customs and Patent Appeals.

April 11, 1958.

Attorney(s) appearing for the Case

Charles F. Meroni, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., and Rudolph L. Lowell, Des Moines, Iowa (Robert B. Harmon, Washington, D. C., of counsel), for appellant.

Edwin T. Bean, Bean, Brooks, Buckley & Bean, Buffalo, N. Y., and Dos T. Hatfield, Washington, D. C., for appellee.

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

RICH, Judge.

Neufeld, the senior party in this patent interference, appeals from a decision of the Board of Patent Interferences awarding priority to the junior party Marte.

Neufeld filed his application, No. 256,690, on November 16, 1951, took no testimony and is standing on his filing date. Marte filed his application, No. 304,406, on August 14, 1952. The only issue is priority. The board held that Marte had an...

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