LANGER v. KAUFMAN

Patent Appeal No. 8751.

465 F.2d 915 (1972)

Arthur W. LANGER, Jr. and Erik Tornqvist, Appellants, v. Daniel KAUFMAN and Bryce H. McMullen, Appellees.

United States Court of Customs and Patent Appeals.

September 21, 1972.


Attorney(s) appearing for the Case

Harold Einhorn, Linden, New Jersey, attorney of record, for appellants.

Robert L. Baechtold, New York City (Fitzpatrick, Cella, Harper & Scinto), New York City, attorneys of record, for appellees; Joseph M. Fitzpatrick, New York City, of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and CLARK, Justice (Ret.), United States Supreme Court, sitting by designation.


LANE, Judge.

This is an appeal from the decision of the Board of Patent Interferences awarding priority of invention of the sole count in issue to appellees (Kaufman). The count corresponds to a claim in appellees' patent, U. S. Patent No. 3,109,822 (the Kaufman patent) issued November 5, 1963, on application Serial No. 731,082 (the Kaufman '082 application) filed May 6, 1958, and asserted to be a continuation application...

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