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CREAMER v. KIRKWOOD

Patent Appeal No. 6797.

305 F.2d 486 (1962)

Edgar M. CREAMER, Jr., Appellant, v. Loren R. KIRKWOOD and Alton J. Torre, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 24, 1962.

Attorney(s) appearing for the Case

Thomas M. Ferrill, Jr., Allen V. Hazeltine and Fordyce A. Bothwell, Philadelphia, Pa., for appellant.

Stephen H. Philbin, Fish, Richardson & Neave, New York City (A. Russinoff, Princeton, N. J., of counsel), for appellees.

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

WORLEY, Chief Judge.

Creamer, the senior party, appeals from the decision of the Board of Patent Interferences which awarded priority of invention of the single count in issue in Interference No. 88,783 to Kirkwood and Torre.

The interference involves Kirkwood and Torre patent No. 2,758,155, issued on August 7, 1956, on application Serial No. 248,776, filed September 28, 1951. The patent is assigned to Radio Corporation of America, the real party in interest...

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