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LORENZ v. FINKL

Patent Appeal No. 7125

333 F.2d 885 (1964)

Albert LORENZ, Appellant, v. Charles W. FINKL, Appellee.

United States Court of Customs and Patent Appeals.

June 25, 1964.

Attorney(s) appearing for the Case

Burgess, Dinklage & Sprung, New York City, Martin T. Fisher, Washington, D. C. (Ralph Dinklage, New York City, of counsel), for appellant.

Parker & Carter, James G. Staples, Arthur H. Boettcher, Chicago, Ill., for appellee.

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

MARTIN, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority of invention to the junior party Finkl1 in Interference No. 91,281 on the sole basis that the other application in the interference, serial No. 750,167, filed July 22, 1958 by the senior party Lorenz, is an abandoned application.

The record reveals that all the claims of the Lorenz application numbered 1 through 6 were finally...

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