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MacMILLAN v. MOFFETT

Patent Appeal No. 8351.

432 F.2d 1237 (1970)

Francis S. Kilmer MacMILLAN, Appellant, v. Robert B. MOFFETT, Appellee.

United States Court of Customs and Patent Appeals.

November 12, 1970.

Attorney(s) appearing for the Case

Richard C. Witte, Jack D. Schaeffer, Cincinnati, Ohio, attorneys of record, for appellant; Watson, Cole, Grindle & Watson, Washington, D. C., of counsel.

Joseph K. Andonian, Kalamazoo, Mich., for appellee; Eugene O. Retter, Kalamazoo, Mich., of counsel.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and McMANUS, Chief Judge, Northern District of Iowa, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to the junior party, Moffett, whose application serial No. 384,246 was filed July 21, 1964.1 MacMillan's application serial No. 104,262 was filed April 20, 1961.2 We affirm the board's decision.

The invention as defined by the single count is

A method...

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