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HEGYI v. ALBERS-SCHOENBERG

Patent Appeal No. 6496.

280 F.2d 859 (1960)

Imre J. HEGYI v. Ernst ALBERS-SCHOENBERG v. Pieter GELDERMANS and Pieter Van Den Ban.

United States Court of Customs and Patent Appeals.

July 20, 1960.

Attorney(s) appearing for the Case

Radio Corporation of America, A. Russinoff, Princeton, N. J. (LeRoy Greenspan, Princeton, N. J., of counsel), for appellant.

Russell G. Pelton, Orville N. Greene, Frank Lowell Durr, New York City (Benjamin Sweedler, New York City, of counsel), for appellee.

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

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of the subject matter of the sole count in interference No. 87,849 to Albers-Schoenberg (called "Schoenberg" herein), a junior party, in his application serial No. 442,534, filed July 12, 1954.

Appellant Hegyi, the senior party who filed application serial No. 317,878 on October 31, 1952, alleges error in the board's decision...

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