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SMITH v. HORNE

Patent Appeal No. 8557.

450 F.2d 1401 (1971)

David R. SMITH and Robert P. Zelinski, Appellants, v. Samuel E. HORNE, Jr., et al., Appellees.

United States Court of Customs and Patent Appeals.

November 18, 1971.

Attorney(s) appearing for the Case

Donald J. Quigg, Bartlesville, Okl. (Phillips Petroleum Co.), attorneys of record, for appellants. J. Arthur Young, E. Eugene Innis, Paul L. Gomory, L. Malcolm Oberlin, Bartlesville, Okl., of counsel.

Dos T. Hatfield, Washington, D. C., Robert W. Furlong, Boston, Mass., for appellees.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.

ALMOND, Judge.

This is an appeal from the decision of the Patent Office Board of Patent Interferences in a three-way interference wherein pro forma priority was awarded against appellants, David R. Smith and Robert P. Zelinski (hereinafter Smith).

Smith is involved on application serial No. 578,166 filed April 16, 1956. The Slocombe application, serial No. 502,189, was filed April 18, 1955, while the application of Horne et al. (hereinafter Horne), serial...

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