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SUMMERS v. VOGEL

Patent Appeal No. 7143.

332 F.2d 810 (1964)

Gerald C. SUMMERS, Appellant, v. Charles B. VOGEL, Appellee.

United States Court of Customs and Patent Appeals.

June 11, 1964.

Attorney(s) appearing for the Case

Woodcock, Phelan & Washburn, Virgil E. Woodcock, Philadelphia, Pa., Stevens, Davis, Miller & Mosher, Ellsworth H. Mosher, Washington, D. C., for appellant.

Herbert L. Shepard, Arthur B. Bakalar, Emeryville, Cal. (Beale & Jones, Edward B. Beale, Washington, D. C., of counsel), for appellee.

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

WORLEY, Chief Judge.

Summers appeals from the decision of the Board of Patent Interferences awarding priority of invention in Interference No. 88,790 to Vogel. Summers, the junior party, is involved on the basis of his application, Serial No. 287,853, filed May 15, 1952. Although Vogel's application involved in the interference is Serial No. 493,999, filed March 4, 1955, he was made senior party on the basis of his application Serial No. 284,867, filed on April 29...

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