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ARCHER v. PAPA

Patent Appeal No. 6400.

265 F.2d 954 (1959)

Sydney ARCHER, Appellant, v. Domenick PAPA, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 15, 1959.

Attorney(s) appearing for the Case

Richard Whiting and Sol B. Wiczer, Washington, D. C. (Dean Laurence and Herbert I. Sherman, Washington, D. C., of counsel), for appellant.

Joseph Hirschmann, New York City, for appellee.

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

MARTIN, Judge.

This is an appeal from the decision of the Board of Patent Interferences awarding priority of invention of the subject matter of Interference No. 86,729 to the senior party Domenick Papa, appellee here.

The issue of the interference is defined in the following count:

"A compound of the group consisting of acids of the formula wherein R is an alkyl radical of 1 to 3 carbon...

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