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REED v. TORNQVIST

Patent Appeal No. 8383.

436 F.2d 501 (1971)

Hugh Wilma Boulton REED and Alan John Wilkinson, Appellants, v. Erik TORNQVIST and Arthur W. Langer, Jr., Appellees.

United States Court of Customs and Patent Appeals.

January 21, 1971.

Attorney(s) appearing for the Case

Paul N. Kokulis, Cushman, Darby & Cushman, Washington, D. C., attorney of record, for appellants; William T. Bullinger, Washington, D. C., of counsel.

Harold Einhorn, Whelan, Chasan, Litton, Marx & Wright, Linden, N. J., Marvin C. Soffen, Marc S. Gross, New York City, for appellees; Ostrolenk, Faber, Gerb & Soffen, New York City, of counsel.

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

BALDWIN, Judge.

This is an appeal from the decision of the Patent Office Board of Interferences awarding priority in Interference No. 94,170 to the appellees, Tornqvist and Langer.

The subject matter involved might be said to be an improved variety of the so-called "Ziegler-type" catalysts, used for the polymerization of olefins. Counts 1-4 on appeal recite the process for preparing the catalyst, while counts 5-7 are drawn to the catalyst itself. Both parties...

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