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HENDERSON v. GRABLE

Patent Appeal No. 7236.

339 F.2d 465 (1964)

Homer I. HENDERSON, Appellant, v. Donovan B. GRABLE, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 4, 1965.

Attorney(s) appearing for the Case

Melvin R. Stidham, Edward B. Gregg, San Francisco, Cal. (Robert N. Roley, Washington, D. C., of counsel), for appellant.

R. Welton Whann, Los Angeles, Cal. (Eugene O. Heberer, Los Angeles, Cal., of counsel), for appellee.

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

MARTIN, Judge.

This is an appeal from the Board of Patent Interferences awarding priority of invention in Interference No. 91,037 to Grable, the Senior party.

The issue for determination is whether Henderson is entitled to the date of his parent application for "Well Drilling Device and Method", serial No. 284,739 filed April 28, 1952. The answer hinges on the sufficiency of the Henderson parent application to support two limitations of the first count in...

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