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BABCOCK & WILCOX CO. v. FOSTER WHEELER CORP.

Nos. 71-1782 to 71-1783.

457 F.2d 1307 (1972)

The BABCOCK & WILCOX COMPANY, Appellant in No. 71-1782, Assignee of the Interference Parties Dungey and Frendberg, Appellant in No. 71-1783, v. FOSTER WHEELER CORPORATION, Assignee of the Interference Parties Gorzegno, Weber & Pai, Appellee.

United States Court of Appeals, Third Circuit.

Decided May 5, 1972.

Attorney(s) appearing for the Case

Roland T. Bryan, Bryan, Parmelee, Johnson & Bollinger, Stamford, Conn., for appellants.

Robert L. Austin, Pendleton, Neuman, Williams & Anderson, Chicago, Ill., for appellee.

Before McLAUGHLIN, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

This appeal stems from a proceeding under 35 U.S.C. § 24 ancillary to an interference proceeding in the United States Patent Office. The controversy between the parties is no stranger to this court, having been here twice before on prior appeals.1 The present petition is an appeal by Babcock & Wilcox Company (Babcock & Wilcox) from district...

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