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TUMMERS v. KLEIMACK

Patent Appeal No. 8603.

455 F.2d 566 (1972)

Leonard J. TUMMERS, Appellant, v. Joseph J. KLEIMACK et al., Appellees.

United States Court of Customs and Patent Appeals.

February 24, 1972.

Attorney(s) appearing for the Case

Jack Oisher, Briarcliff Manor, N. Y., attorney of record, for appellant.

David I. Caplan, Arthur J. Torsiglieri, Murray Hill, N. J., attorneys of record, for appellees.

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

ALMOND, Judge.

This is an appeal from the decision of the Patent Office Board of Patent Interferences, adhered to on reconsideration, awarding priority to appellees, Joseph J. Kleimack, Howard H. Loar, and Henry C. Theuerer (hereinafter Kleimack).

Appellant, Tummers, is involved on application serial No. 349,709 filed March 5, 1964 as a division of application serial No. 84,923,1 filed January 25, 1961, and accorded the benefit...

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