SCHMIERER v. NEWTON

Patent Appeal No. 7879.

397 F.2d 1010 (1968)

Livia C. SCHMIERER and Jacques H. F. Valin, Appellants, v. John C. NEWTON, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 10, 1968.


Attorney(s) appearing for the Case

Karl F. Ross, New York City, (Watson, Cole, Grindle & Watson, Francis G. Cole, Laurence R. Brown, Washington, D. C., of counsel), for appellants.

Dos T. Hatfield, Washington, D. C., (Edgar H. Kent, Willis M. Ertman, Boston, Mass., of counsel), for appellee.

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


ARTHUR M. SMITH, Judge.

This is an appeal by the senior party, Livia C. Schmierer and Jacques H. F. Valin (Schmierer) from a decision of the Board of Patent Interferences,1 adhered to on reconsideration, awarding priority of the invention set forth in the single count here in issue to appellee, John C. Newton (Newton) the junior party.2 The sole count originated as

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