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FRANKLIN v. HOPPER

Patent Appeal No. 6891.

312 F.2d 949 (1963)

Dwaine R. FRANKLIN, Appellant, v. Robert J. HOPPER, Appellee.

United States Court of Customs and Patent Appeals.

February 13, 1963.

Attorney(s) appearing for the Case

T. Hayward Brown, H. L. Godfrey, Michael W. Werth, Washington, D. C., for appellant.

George F. Smyth, Smyth, Roston & Pavitt, Los Angeles, Cal., Richard P. Schulze and John J. Byrne, Washington, D. C., for appellee.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

MARTIN, Judge.

This appeal is from the decision of the Patent Office Board of Patent Interferences in Interference No. 88,957 involving Franklin application Serial No. 559,496, filed January 16, 1956, and Hopper application Serial No. 555,858 filed December 28, 1955.

The interference involves a single count which reads:

"An aerial tow target, comprising: a hollow, streamlined, elongate body member having a low-drag aerodynamic configuration, said...

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