CUMMINGS, Circuit Judge.
This interlocutory appeal under Section 1292(b) of the Judicial Code (28 U.S.C. § 1292(b)) is from the denial of plaintiff's motion for partial summary judgment. Here a third patent application was a division of a second application which was a continuation-in-part of the first application. The question is whether the third application may obtain the benefit of the filing date of the first application by cross-referencing only to the...
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