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ENGELHARDT v. JUDD

Patent Appeal No. 7642.

369 F.2d 408 (1966)

Edward L. ENGELHARDT, Appellants, v. Claude I. JUDD, Alexander E. Drukker and John H. Biel, Appellees.

United States Court of Customs and Patent Appeals.

December 15, 1966.

Attorney(s) appearing for the Case

John P. Floyd, New York City (Albert W. Rinehart, Washington, D. C., Raymond Underwood, H. E. Westlake, Jr., I. Louis Wolk, Rahway, N. J., of counsel), for appellant.

Herbert S. Sylvester, New York City (Richard K. Stevens, Washington, D. C., George H. Mortimer, New York City, of counsel), for appellees.

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

ALMOND, Judge.

This is an apeal from the decision of the Board of Patent Interferences awarding priority of invention in Interference No. 92,376 to senior party Judd, Drukker, and Biel (hereinafter Judd), who are involved in this proceeding on the basis of their patent No. 2,985,660, which issued May 23, 1961, on an application filed April 29, 1960. Junior party Engelhardt filed his application serial No. 115,910 on June 9, 1961, admittedly after seeing a copy of...

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