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PATTERSON v. HAUCK

Patent Appeal No. 7262.

341 F.2d 131 (1965)

James A. PATTERSON and Glenn K. Lissner, Appellants, v. Karl-Heinz HAUCK, Appellee.

United States Court of Customs and Patent Appeals.

February 18, 1965.

Attorney(s) appearing for the Case

Stanley Bialos, San Francisco, Cal., Warburton & Cross, Dick M. Warburton, Painesville, Ohio (Harold I. Johnson, San Francisco, Cal., of counsel), for appellants.

Burgess, Dinklage & Sprung, New York City (Arnold Sprung, New York City, of counsel), 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, adhered to on reconsideration, awarding priority to Hauck.

Hauck is involved on the basis of his application, serial No. 554,133, filed December 20, 1955. On a motion to shift the burden of proof he was given the benefit of the filing date of a German convention application, December 23, 1954, as the result of which he became senior party.

Patterson and Lissner are...

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