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D'AMICO v. KOIKE

Patent Appeal No. 7305.

347 F.2d 867 (1965)

Anthony F. D'AMICO, Appellant, v. Fuji KOIKE, Appellee.

United States Court of Customs and Patent Appeals.

July 1, 1965.

Attorney(s) appearing for the Case

Chester A. Williams, Jr., Edward L. Bell, New York City, for appellant.

Joseph C. Sullivan, Daniel H. Kane, New York City, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences in Interference No. 91,541 awarding priority to the junior party, Koike, in an interference between application serial No. 588,070, filed by Koike on May 29, 1956, and application serial No. 551,090, filed by D'Amico on December 5, 1955.

The invention is an improvement in a cam-controlled zigzag sewing machine and is defined in two closely related counts. Count 1 reads:

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