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WEISS v. ROSCHKE

Patent Appeal Nos. 8290, 8322.

425 F.2d 772 (1970)

Phil E. WEISS (deceased) by Mildred L. Weiss, Administratrix, and Abraham M. Reiter, Appellant, v. Erwin M. ROSCHKE, Appellee. Erwin M. ROSCHKE, Appellant, v. Phil E. WEISS (deceased) by Mildred L. Weiss, Administratrix, and Abraham M. Reiter, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 30, 1970.

Attorney(s) appearing for the Case

Samuel Lindenberg, Los Angeles, Cal., attorney of record, for appellants and cross-appellee.

Dugald S. McDougall, Francis W. Crotty, John J. Pederson, Chicago, Ill., Homer R. Montague, Washington, D. C., for appellee and cross-appellant.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Associate Judges, and ROSENSTEIN, Judge, United States Customs Court, sitting by designation.

ALMOND, Judge.

These are cross appeals from the decision of the Board of Patent Interferences in Interference No. 94,050 involving Roschke patent No. 3,011,016, issued November 28, 1961 on an application filed June 29, 1959, and Weiss et al. (Weiss) application serial No. 219,375 for reissue of a patent1 issued on an application filed June 16, 1958, on counts copied from the Roschke patent by Weiss. The board awarded twelve of the counts...

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