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KAHN v. PHIPARD

Patent Appeal No. 7979.

397 F.2d 995 (1968)

Simon S. KAHN, Appellant, v. Harvey F. PHIPARD, Jr., Appellee.

United States Court of Customs and Patent Appeals.

June 27, 1968.

Attorney(s) appearing for the Case

Curtis F. Prangley, David A. Vogel, Douglas O. Baird, Prangley, Baird, Clayton, Miller & Vogel, Chicago, Ill. (John B. Armentrout, Washington, D.C., of counsel), for appellant.

Richard R. Trexler, Olson, Trexler, Wolters & Bushnell, Chicago, Ill. (Elmer Buckhorn, Buckhorn, Blore, Klarquist & Sparkman, Portland, Ore., Charles L. Sturtevant, Washington, D.C., of counsel), for appellee.

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

SMITH, Judge.

The Board of Patent Interferences1 awarded priority of invention to Phipard in Interference No. 93,3702 and Kahn appeals. No testimony was taken by either party. The board awarded priority to Phipard as the senior party in view of his effective 1960 filing date.

While several issues are raised on this appeal, the determinative issue is whether Phipard was properly given the benefit of...

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