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McCUTCHEN v. OLIVER

Patent Appeal No. 7425.

367 F.2d 609 (1966)

Samuel P. McCUTCHEN, Jr., and Jack E. Eskilson, Appellants, v. Francis A. OLIVER, Appellee.

United States Court of Customs and Patent Appeals.

October 27, 1966.

Attorney(s) appearing for the Case

William E. Schuyler, Jr., Washington, D. C., Eber J. Hyde, Cleveland, Ohio (Harry C. Page, Cleveland, Ohio, of counsel) for appellants.

Louis A. Kline, Dayton, Ohio (John T. Matlago, Nathan Cass, Hawthorne, Cal., William T. Estabrook, Washington, D. C., of counsel), for appellee.

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

SMITH, Judge.

This is an appeal from a decision of the Board of Patent Interferences awarding priority of invention in Interference No. 91,815 to Oliver, the senior party.1 The two counts in issue originated as claims in a patent2 to McCutchen, Jr., and Eskilson, the junior party, hereafter McCutchen.

Both parties took testimony in attempting to establish priority...

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