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SWAIN v. CRITTENDON

Patent Appeal No. 7131.

332 F.2d 820 (1964)

Charles B. SWAIN and Albert G. Schuessler, Appellants, v. Bob C. CRITTENDON, Appellee.

United States Court of Customs and Patent Appeals.

June 11, 1964.

Attorney(s) appearing for the Case

Roy G. Story, Edward T. McCabe, Chicago, Ill., for appellants.

Ellsworth H. Mosher, Washington, D. C. (Sidney A. Johnson, Dallas, Tex., of counsel), for appellee.

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

SMITH, Judge.

This appeal by Swain et al. from an award of priority to Crittendon raises the single issue of whether Crittendon is entitled under 35 U.S.C. § 120 to rely upon the filing date of a parent application as establishing priority of invention. Resolution of this issue requires 1) a determination of whether the parent application contains in fact a disclosure of the subject matter of the counts, and 2) if so...

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