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WINTER v. LEBOURG

Patent Appeal Nos. 7919, 7930.

394 F.2d 575 (1968)

Arthur B. WINTER, Appellant, v. Maurice P. LEBOURG and Harry S. Arendt, Appellees. Maurice P. LEBOURG, Appellant, v. Arthur B. WINTER and Harry S. Arendt, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 3, 1968.

Attorney(s) appearing for the Case

Russell E. Schlorff, Houston, Tex., for appellant Arthur B. Winter.

Francis J. Hone, New York City, (Brumbaugh, Free, Graves & Donohue, New York City, of counsel) for appellant Maurice P. Lebourg.

John S. Schneider, Houston, Tex., for appellees.

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

ALMOND, Judge.

These are appeals by the two losing parties of a three-party interference. The Board of Patent Interferences awarded priority to Arendt, senior party in the interference, on the ground that neither junior party could overcome Arendt's filing date.

The invention is a method of perforating a pipe string in a well bore without perforating other strings in the same bore. It involves lowering into the string a perforating gun combined with a device...

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