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SMITH v. STONE

Patent Appeal No. 8209.

420 F.2d 1065 (1970)

Edwin J. SMITH, Appellant, v. Morris D. STONE, Appellee.

United States Court of Customs and Patent Appeals.

February 12, 1970.

Attorney(s) appearing for the Case

Shanley & O'Neil, Washington, D. C., attorneys of record, for appellant; Paul T. O'Neil, Washington, D. C., of counsel.

Robert E. Isner, Keith, Johnston, Isner & Eslinger, New York City, for appellee; Edwin R. Hutchinson, Washington, D. C., Roger M. Rathbun, New York City, of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judge, and MATTHEWS, Senior Judge, United States District Court for District of Columbia, sitting by designation.

BALDWIN, Judge.

This appeal is from the decision of the Patent Office Board of Patent Interferences, adhered to on reconsideration, involving appellant's application1 and appellee's patent2 and awarding priority to the senior party, the patentee Stone.

The subject matter involved in the interference relates to the manufacture of tinplate, i. e., thin strips of steel coated with tin, which are used primarily...

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