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HEMSTREET v. ROHLAND

Patent Appeal No. 8348.

433 F.2d 1403 (1970)

Harold S. HEMSTREET, Appellant, v. William S. ROHLAND, Appellee.

United States Court of Customs and Patent Appeals.

December 3, 1970.

Attorney(s) appearing for the Case

Richard G. Stephens, Binghamton, N. Y., Franklin D. Wolffe, Washington, D. C., attorneys of record, for appellant.

Carl W. Laumann, Jr., Endicott, N. Y., Julius Jancin, Jr., Maurice H. Klitzman, Washington, D. C., John Farley, New York City, for appellee.

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

RICH, Judge.

This appeal is from a decision of the Board of Patent Interferences awarding "priority" to Rohland,1 the junior party, solely on the ancillary ground that the disclosure of Hemstreet2 does not support the language of the count. We reverse.

Shortly after the issuance of the Rohland patent, Hemstreet copied claim 1 thereof as claim 38 of his divisional...

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