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PIEL v. FALKNER

Patent Appeal No. 8273.

426 F.2d 412 (1970)

David W. PIEL, deceased, by Tillie Margaret Piel, Executrix, Appellant, v. Eugene H. FALKNER, Appellee.

United States Court of Customs and Patent Appeals.

May 28, 1970.

Attorney(s) appearing for the Case

Charles W. Coffee, Lubbock, Tex., attorney of record, for appellant.

Donald L. Dennison, Dennison & Dennison, Washington, D. C., for appellee.

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

BALDWIN, Judge.

This is an appeal from the decision of the Board of Patent Interferences, adhered to on reconsideration, awarding priority in Interference No. 95,198 to Eugene H. Falkner, appellee and junior party.

The single count of the interference corresponds to claim 2 of appellant Piel's patent1 which was copied and added to Falkner's application2 by amendment. The invention of the count relates...

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