WAGONER v. BARGER

Patent Appeal No. 8725.

463 F.2d 1377 (1972)

John A. WAGONER and Thomas F. Protzman, Appellants, v. John W. BARGER and William J. Haggerty, Jr., Appellees.

United States Court of Customs and Patent Appeals.

August 24, 1972.


Attorney(s) appearing for the Case

Fred S. Lockwood, Chicago, Ill., Greist, Lockwood, Greenawalt & Dewey, Chicago, Ill., attys. of record, for appellants.

William D. Lucas, Francis N. Carten, New York City, Eyre, Mann & Lucas, New York City, attys. of record, for appellees.

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


RICH, Acting Chief Judge.

This appeal is from the decision of the Board of Patent Interferences in interference No. 95,734 awarding priority to Barger and Haggerty (hereinafter Barger),1 senior party by virtue of having been given the benefit of the December 15, 1961, filing date of a parent application.2 Wagoner and Protzman (hereinafter Wagoner)3 are concededly entitled to the...

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