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FRILETTE v. KIMBERLIN

Patent Appeal No. 8141.

412 F.2d 1390 (1969)

Vincent J. FRILETTE and Paul B. Weisz, Appellant, v. Charles Newton KIMBERLIN, Jr. and Elroy Merle Gladrow, Appellee.

United States Court of Customs and Patent Appeals.

June 26, 1969.

Attorney(s) appearing for the Case

Oswald G. Hayes, Raymond W. Barclay, New York City, Richard K. Stevens, Davidson C. Miller, John F. Witherspoon, Washington, D. C., attorneys of record, for appellant; Stevens, Davis, Miller & Mosher, Washington, D. C., of counsel.

Whelan, Chasan, Litton, Marx and Wright, Seymour Stahl, Linden, N. J., for appellee; Malvin R. Mandelbaum, Robert D. Fier, Douglas G. Brace, Kenyon & Kenyon, New York City, of counsel.

Before RICH, Acting Chief Judge, ALMOND and BALDWIN, Judges.

BALDWIN, Judge.

Frilette and Weisz (Frilette et al.) appeal from the decision of the Board of Patent Interferences awarding Kimberlin and Gladrow (Kimberlin et al.) priority as to the two counts in interference No. 92,280, involving Kimberlin et al. patent No. 2,971,9031 granted on an application filed February 5, 1957 and an application of Frilette et al.2 filed on September 26, 1958. The Kimberlin et al....

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