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TE GROTENHUIS v. YAEGER

Patent Appeal No. 6636.

290 F.2d 951 (1961)

Theodore A. TE GROTENHUIS, Appellant, v. Luther L. YAEGER, Appellee.

United States Court of Customs and Patent Appeals.

June 9, 1961.

Attorney(s) appearing for the Case

Theodore A. TeGrotenhuis, Cleveland, Ohio, pro se.

Vincent A. Greene, Cleveland, Ohio (Frank S. Greene, McCoy, Greene & Te-Grotenhuis, Cleveland, Ohio, George R. Jones, and Beale & Jones, Washington, D. C., of counsel), for appellant.

Foster York, Chicago, Ill. (John M. Diehl, Madison, Wis., Zabel, Baker, York, Jones & Dithmar, Chicago, Ill., of counsel), for appellee.

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

MARTIN, Judge.

This is an appeal by TeGrotenhuis from a decision of the Board of Patent Interferences of the United States Patent Office awarding priority of invention of the subject matter in eight of the ten counts in interference No. 88,771 to Yaeger, the senior party. Priority as to the other two counts, 8 and 9, was awarded to TeGrotenhuis. No cross appeal has been taken by Yaeger as to the latter two counts.

U. S. Patent No. 2,742,378 was issued to TeGrotenhuis...

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