BRINKER v. KRAY

Patent Appeal No. 8734.

460 F.2d 1073 (1972)

Keith Clark BRINKER and Carl Earle Schweitzer, Appellants, v. Raymond J. KRAY and Robert W. Stevenson, Appellees.

United States Court of Customs and Patent Appeals.

June 1, 1972.


Attorney(s) appearing for the Case

Herbert W. Larson, Earl L. Handley, Wilmington, Del., attorneys of record, for appellants; A. Newton Huff, Wilmington, Del., Gerald A. Hapka, Washington, D.C., of counsel.

Abner Sheffer, New York City, attorney of record, for appellees; Linn I. Grim, New York City, of counsel.

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


ALMOND, Judge.

This is an appeal from the decision of the Patent Office Board of Patent Interferences awarding priority to appellees, Raymond J. Kray and Robert W. Stevenson (Kray). The five counts in issue are modified forms of claims copied by Kray1 from a patent2 to appellants, Keith Clark Brinker and Carl Earle Schweitzer (Brinker). By reason of being accorded...

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