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LOSHBOUGH v. ALLEN

Patent Appeal No. 8243.

404 F.2d 1400 (1969)

Richard C. LOSHBOUGH, Appellant, v. Kenneth C. ALLEN, Appellee.

United States Court of Customs and Patent Appeals.

January 9, 1969.

Attorney(s) appearing for the Case

Owen & Owen, Carl F. Schaffer, Toledo, Ohio (Allen Owen, Vincent L. Barker, Jr., Toledo, Ohio, of counsel), for appellant.

Marechal, Biebel, French & Bugg, Lawrence B. Biebel, Dayton, Ohio (Nathaniel R. French, Mario A. Martella, Dayton, Ohio, of counsel), for appellee.

Joseph Schimmel, Washington, D. C., for Commissioner of Patents.

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

On Petition For Writ of Mandamus

ALMOND, Judge.

The matter here before us is related to an appeal by Loshbough from the decision of the Board of Patent Interferences awarding priority to Allen in Interference No. 93,427 involving counts 1 through 5. It is not the merits of that appeal which we consider at this time but, instead, a Petition for Writ of Mandamus brought by Loshbough. The request for relief is couched in the following terms:

Richard...

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