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HAUPTSCHEIN v. McCANE

Patent Appeal No. 7234.

339 F.2d 460 (1964)

Murray HAUPTSCHEIN, Milton Braid and Francis E. Lawlor, Appellants, v. Donald Irwin McCANE and Ivan Maxwell Robinson, Appellees.

United States Court of Customs and Patent Appeals.

December 17, 1964.

Attorney(s) appearing for the Case

William M. Epes, King of Prussia, Pa. (William A. Smith, Jr., Washington, D. C., of counsel), for appellants.

A. Newton Huff, Wilmington, Del., Frederick Schafer, Washington, D. C., Bernd W. Sandt, Wilmington, Del., for appellees.

Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.

ALMOND, Judge.

This appeal is from the decision of the Board of Patent Interferences which awarded priority of invention on all counts in Interference No. 91,876 to appellees. On March 20, 1956 appellees filed an application1 relating to the subject matter of the counts, and on April 10, 1959 filed a continuation-in-part2 of this application. On October 18, 1960 a patent3 issued...

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