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BERRY v. WEBB

Patent Appeal No. 8163.

412 F.2d 261 (1969)

Kenneth L. BERRY, Appellant, v. Watt W. WEBB, William A. Wissler and William D. Forgeng, Appellees.

United States Court of Customs and Patent Appeals.

June 26, 1969.

Attorney(s) appearing for the Case

James H. Ryan, C. Harold Herr, A. Newton Huff, Wilmington, Del., for appellant, James T. Corle, Washington, D. C., of counsel.

Frederick J. McCarthy, Jr., New York City, for appellees; Paul A. Rose, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, HOLTZOFF and McLAUGHLIN, Judges, sitting by designation, ALMOND and BALDWIN, Judges.

ALMOND, Judge.

This is an appeal by Kenneth L. Berry from the decision of the Board of Patent Interferences awarding priority as to the subject matter in interference No. 93,724 to Watt W. Webb, William A. Wissler and William D. Forgeng (hereinafter Webb).

Berry, the senior party, is involved on application serial No. 696,595, filed November 15, 1957 and assigned to E. I. du Pont de Nemours & Company, and Webb on U. S. Patent No. 3,011,870, granted on...

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