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BLUESTONE v. SCHMERLING

Patent Appeal No. 6402.

265 F.2d 948 (1959)

Henry BLUESTONE, Appellant, v. Louis SCHMERLING, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 15, 1959.

Attorney(s) appearing for the Case

Lee J. Gary, James M. Parker, and Gary, Desmond & Parker, Chicago, Ill. (Frank P. Cyr, Washington, D. C., of counsel), for appellant.

Charles M. Thomas and M. M. Weisman, Washington, D. C. (C. J. Giuliani, Des Plaines, Ill., of counsel), for appellee.

Before WORLEY, Acting Chief Judge, and RICH and MARTIN, Judges.

WORLEY, Acting Chief 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 single count of Interference No. 87,311 to the senior party, Louis Schmerling, appellee here.

Appellant, Bluestone, filed his application December 22, 1952. Schmerling's application No. 419,627, directly included in the interference, was filed March 29, 1954, but he was given the benefit...

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