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DeGROFF v. ROTH

Patent Appeal No. 8155.

412 F.2d 1401 (1969)

Morton S. DeGROFF, Appellant, v. Daniel D. ROTH and Robert M. Hall, Appellees.

United States Court of Customs and Patent Appeals.

July 24, 1969.

Attorney(s) appearing for the Case

George B. Newitt, Chicago, Ill., Jacques M. Dulin, Deerfield, Ill., Bair, Freeman & Molinare, Chicago, Ill., for appellant.

Eugene F. Buell, Buell, Blenko & Ziesenheim, Pittsburgh, Pa., for appellees.

Before RICH, Acting Chief Judge, DURFEE and NEESE, Judges, sitting by designation, ALMOND and BALDWIN, Judges.

BALDWIN, Judge.

This appeal by the senior party DeGroff is from a decision of the Board of Patent Interferences awarding priority of invention of the two counts in interference No. 94,868 to the junior party, Roth and Hall. DeGroff is involved through patent No. 3,128,079, granted April 7, 1964 on his application filed March 4, 19631 and assigned to The Aro Corporation. Roth and Hall are involved on the basis of an application

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