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OCHSNER v. MILLIS

No. 17526.

382 F.2d 618 (1967)

Frederick C. OCHSNER and Edwin A. Miller, Appellants, v. Walter R. MILLIS, Appellee.

United States Court of Appeals Sixth Circuit.

September 15, 1967.

Attorney(s) appearing for the Case

Ellsworth H. Mosher, Washington, D. C., Stevens, Davis, Miller & Mosher, Washington, D. C., Wilson & Wilson, Owensboro, Ky., on brief; S. M. Mims, Jr., Dallas, Tex., George S. Wilson, III, Owensboro, Ky., of counsel, for appellants.

Nathan J. Cornfeld, Henry T. Olsen, Owensboro, Ky., for appellee.

Before EDWARDS and McCREE, Circuit Judges, and WEINMAN, District Judge.

WEINMAN, District Judge.

Frederick C. Ochsner and Edwin A. Miller are the junior parties in an interference proceeding now pending in the patent office; Walter R. Millis is the senior party. In that proceeding, where the ultimate question to be determined by the board of patent interferences is "priority of invention" [35 U.S.C.A. § 135 (a)], it is the contention of the junior parties that the senior party first learned of the specific subject matter of the interference...

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