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FITZGERALD v. ARBIB

Patent Appeal No. 6450.

268 F.2d 763 (1959)

Warren W. FITZGERALD v. ARBIB et al.

United States Court of Customs and Patent Appeals.

July 16, 1959.

Attorney(s) appearing for the Case

Boyken, Mohler & Wood, Mark Mohler, San Francisco, Cal. (Gordon Wood, San Francisco, Cal., of counsel), for appellant.

J. T. Basseches, New York City (Mark T. Basseches, New York City, of counsel), for appellees.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.

MARTIN, 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 involved subject matter to the senior party, Arbib et al., appellee here. The interference involves Design Patent No. 175,143, granted to Arbib et al. on July 19, 1955, on an application filed November 4, 1954, and an application of the junior party Fitzgerald, Design Serial No. 36,893, filed on July 11, 1955...

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