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McANINCH v. O'BRIEN

Patent Appeal Nos. 8520, 8521.

443 F.2d 1403 (1971)

Herbert A. McANINCH and Spencer H. Mieras, Appellants, v. Loren J. O'BRIEN, Appellee.

United States Court of Customs and Patent Appeals.

June 24, 1971.

Attorney(s) appearing for the Case

John W. Butcher, Richard R. Trexler, Chicago, Ill., attorneys of record, for appellant; Charles L. Sturtevant, Washington, D. C., of counsel.

Carl F. Schaffer, Richard D. Emch, Toledo, Ohio, attorneys of record, for appellee.

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

LANE, Judge.

These two appeals are from the decisions of the Board of Patent Interferences awarding priority to the junior party in two interferences upon finding that the application of appellants does not support the counts in each interference. The appeals have been presented to the court upon a consolidated record. We reverse in both cases.

Herbert A. McAninch and Spencer H. Mieras (McAninch), appellants and senior party, are involved in both interferences...

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