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KILBY v. NELSON

Patent Appeal No. 8206.

418 F.2d 937 (1969)

Jack St. Clair KILBY, Appellant, v. Herbert NELSON, Appellee.

United States Court of Customs and Patent Appeals.

December 4, 1969.

Attorney(s) appearing for the Case

Ellsworth H. Mosher, Washington, D. C., attorney of record, for appellant;

Samuel M. Mims, Jr., Dallas, Tex., Stevens, Davis, Miller & Mosher, Washington, D. C., of counsel.

A. Sherman, Princeton, N. J., for appellee; A. Russinoff, Princeton, N. J., of counsel.

Before RICH, Acting Chief Judge, MATTHEWS, Judge, sitting by designation, ALMOND, BALDWIN and LANE, Judges.

ALMOND, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority of invention of counts 1-4 of Interference No. 92,840 to Nelson, the senior party. The counts correspond to claims 1, 3, 7 and 8, respectively, of Nelson patent No. 2,972,092, issued February 14, 1961 on an application filed August 11, 1959,1 which claims were copied by Kilby in his application serial No. 169,557, filed January 29, 1962...

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