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POLYE v. UHL

Patent Appeal No. 7087.

328 F.2d 893 (1964)

William R. POLYE, Appellant, v. Herbert Bennett UHL, Appellee.

United States Court of Customs and Patent Appeals.

March 12, 1964.

Attorney(s) appearing for the Case

Herbert L. Davis, Peterboro, N. J. (Roland Plottel, New York City, Emory C. Naylor, Washington, D. C., of counsel), for appellant.

Robert Ames Norton, Stamford, Conn., for appellee.

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

SMITH, Judge.

This appeal by the junior party Polye is from a decision of the Board of Patent Interferences awarding priority of invention of the five counts in issue to the senior party Uhl, with one member of the board dissenting.

At the time the invention in issue was made, Polye, a physicist, was in the employ of Bendix Aviation Corporation. The Polye application, Serial No. 5,168, filed January 28, 1960, is entitled "Electrolyte for a Sealed Liquid Level...

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