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SNITZER v. ETZEL

Patent Appeal No. 8668.

465 F.2d 899 (1972)

Elias SNITZER, Appellant, v. Howard W. ETZEL et al., Appellees.

United States Court of Customs and Patent Appeals.

Petition for Clarification Denied November 30, 1972.

Attorney(s) appearing for the Case

Donald R. Dunner, Lane, Aitken, Dunner & Ziems, Washington, D. C., attys. of record, for appellant. Anthony M. Lorusso, William C. Nealon, Southbridge, Mass., of counsel.

T. Hayward Brown, Washington, D. C., Vito J. DiPietro, Reston, Va., attys. of record, for appellees.

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

LANE, Judge.

This is an appeal from the decision of the Board of Patent Interferences awarding priority of invention as to the two counts in issue to the junior party Etzel et al. from whose patent, U.S. Patent No. 3,028,009, issued September 25, 1965, on an application filed April 30, 1962, the counts were copied. Appellant is involved on his application1 filed January 16, 1962, as a continuation-in-part of an application

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