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SMITH v. WEHN

Patent Appeal No. 6915.

318 F.2d 325 (1963)

John Sherman SMITH, Appellant, v. Charles Emory WEHN, Appellee.

United States Court of Customs and Patent Appeals.

June 20, 1963.

Attorney(s) appearing for the Case

William J. Ormsby, Jr., Atlanta, Ga. (Channing L. Richards, Charlotte, N. C., of counsel), for appellant.

Marcus Lothrop, Lothrop & West, San Francisco, Cal., for appellee.

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

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences which awarded priority of invention in interference No. 90,277, to the junior party Wehn.1 The senior party Smith2 has appealed. The subject matter is mechanical pencils.

The sole issue is whether Smith has the "right to make" the single count of the interference,3 which reads:

"1...

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