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JOHNSON v. RIENER

Patent Appeal No. 6793.

302 F.2d 757 (1962)

Alpha J. JOHNSON and John A. Moore, Appellants, v. Harry RIENER, Appellee.

United States Court of Customs and Patent Appeals.

May 18, 1962.

Attorney(s) appearing for the Case

Edward B. Beale, George R. Jones, Beale & Jones, Washington, D. C. (James E. Toomey, Oakland, Cal., and John S. Rhoades, San Diego, Cal., of counsel), for appellants.

Robertson & Youtie, and Robert K. Youtie, Philadelphia, Pa., for appellee.

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

MARTIN, 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 subject matter of Interference No. 89,107 to the junior party Riener, appellee here.

The single count of the interference corresponds to the sole claim of appellee's patent No. 2,802,411, issued August 13, 1957 on an application filed on February 5, 1952. Appellants are involved in the proceeding on...

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