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LOSHBOUGH v. ALLEN

Patent Appeal No. 7898.

359 F.2d 910 (1966)

Richard C. LOSHBOUGH v. Kenneth C. ALLEN.

United States Court of Customs and Patent Appeals.

May 12, 1966.

Attorney(s) appearing for the Case

Carl F. Schaffer, Toledo, Ohio, for appellant.

Lawrence B. Biebel, Nathaniel R. French, Dayton, Ohio, for appellee.

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

PER CURIAM.

In this appeal from the Board of Patent Interferences appellant moves to remand and return jurisdiction to the Patent Office and order the Commissioner to consider, on its merits, the motion filed by appellee, Allen, before the Board of Patent Interferences to amend and suspend the interference. The issue in the pending appeal is whether the board erred in awarding priority as to counts 1 through 5 to Allen.

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