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APPLICATION OF BROWER

Patent Appeal No. 8360.

433 F.2d 813 (1970)

Application of Paul V. BROWER and John F. Fuzek.

United States Court of Customs and Patent Appeals.

November 25, 1970.

Attorney(s) appearing for the Case

Donald E. Gillespie, Research Triangle Park, N. C., attorney of record, for appellant. Rudolph S. Bley, Elizabethton, Tenn., Ellsworth H. Mosher, Arlington, Va., Stevens, Davis, Miller & Mosher, Arlington, Va., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents, Fred W. Sherling, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and RE, Judge, United States Customs Court, sitting by designation.

BALDWIN, Judge.

This is an appeal from the decision of the Patent Office Board of Appeals finally refusing to accord claims 1, 2, 9-12, 19 and 20 in appellants' application1 the benefit of an earlier filing date under 35 U.S.C. § 120 and sustaining the rejection of those claims under 35 U.S.C. § 102 as unpatentable over an intervening patent to Howsmon, et al.2

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