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MARTIN v. JOHNSON

Patent Appeal No. 8559.

454 F.2d 746 (1972)

Henry MARTIN et al., Appellants, v. Rayner S. JOHNSON, Appellee.

United States Court of Customs and Patent Appeals.

January 27, 1972.

Attorney(s) appearing for the Case

Joseph G. Kolodny, Summit, N. J., Harry Goldsmith, Upper Montclair, N. J., attorneys of record, for appellants. John T. Miller, Washington, D. C., of counsel.

Herbert W. Larson, Lynn N. Fisher, Wilmington, Del., attorneys of record, for appellee. Gerald A. Hapka, Arlington, Va., of counsel.

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

LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority of the invention of the sole count in issue to the party Johnson. We affirm the decision of the board.

The count is drawn to a herbicidal compound which is a substituted urea chemically named 3-(p-bromophenyl)-1-methoxy-1-methylurea and reads as follows:

1. The compound of the formula

...

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