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MacMULLEN v. SANTELLI

Patent Appeal Nos. 7035, 7036.

326 F.2d 1008 (1964)

Clinton W. MacMULLEN and Alfred Marzocchi, Appellants, v. Thomas R. SANTELLI, Appellee. Thomas R. SANTELLI, Appellant, v. Clinton W. MacMULLEN and Alfred Marzocchi, Appellees.

United States Court of Customs and Patent Appeals.

February 6, 1964.

Attorney(s) appearing for the Case

Henry W. Foulds, Jr., New York City (R. T. McLean, New York City, and Martin J. Brown, Washington, D. C., of counsel), for parties MacMullen and Marzocchi.

Carrol Palmer, Washington, D. C. (Robert M. Krone, Chicago, Ill., of counsel), for party Santelli.

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

ALMOND, Judge.

These appeals are from the decision of the Board of Patent Interferences in Interference No. 89,543. The board awarded priority as to three counts to the party MacMullen et al. and the remaining counts to the party Santelli. Both parties appeal.

MacMullen et al. were issued a patent1 from which Santelli copied nine claims in his pending application.2 These claims constitute the counts...

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