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ALPERT v. SLATIN

Patent Appeal No. 6766.

305 F.2d 891 (1962)

Marshall B. ALPERT, Appellant, v. Harvey L. SLATIN, Appellee.

United States Court of Customs and Patent Appeals.

July 25, 1962.

Attorney(s) appearing for the Case

Bartholomew A. Diggins, Donald R. Dunner, Robert E. LeBlanc, Diggins & LeBlanc, Washington, D. C. (John B. Henrich, Jr., New York City, of counsel), for appellant.

Norman N. Holland, New York City (George C. Bower, Wilmington, Del., and William T. Estabrook, Washington, D. C., of counsel), for appellee.

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

SMITH, Judge.

Despite the voluminous record and briefs which we have been here required to consider, the single comparatively simple issue on this appeal is that of priority of invention of a process for producing titanium metal which is defined in the single count as follows:

"2. The process of producing titanium metal in solid form comprising, dissolving a material of the group consisting of titanium dichloride and titanium trichloride as a solute in a...

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