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ELMORE v. SCHMITT

Patent Appeal No. 6536.

278 F.2d 510 (1960)

William C. ELMORE, Appellant, v. William F. SCHMITT, Appellee.

United States Court of Customs and Patent Appeals.

May 10, 1960.

Attorney(s) appearing for the Case

Fidler, Beardsley & Bradley, Charles H. Beardsley, Chicago, Ill., (Raymond E. Fidler, Chicago, Ill., of counsel), for appellant.

Morton C. Jacobs, Philadelphia, Pa. (William D. Hall, Washington, D. C., of counsel), for appellee.

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

WORLEY, Chief Judge.

This appeal is from the decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention of the subject matter at issue in interference No. 87,611 to William F. Schmitt, the junior party. The invention is defined in two counts, of which Count 1 is representative and reads:

"1. A binary counter comprising a core of magnetic material exhibiting a substantially rectangular hysteresis loop, a...

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