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SKINNER v. PACAK

Patent Appeal No. 8573.

452 F.2d 1390 (1972)

William J. SKINNER and Earl D. Scott, Appellants, v. Matthew PACAK, Appellee.

United States Court of Customs and Patent Appeals.

January 13, 1972.

Attorney(s) appearing for the Case

Marmaduke A. Hobbs, South Bend, Ind., attorney of record, for appellants; T. Hayward Brown, Washington, D.C., Vito J. DiPietro, Reston, Va., of counsel.

J. Herman Yount, Jr., Thomas L. Tarolli, Cleveland, Ohio (Yount & Tarolli), Cleveland, Ohio, attorneys of record, for appellee; Robert J. McCloskey, Cleveland, Ohio, of counsel.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges.

WORLEY, Chief Judge.

Skinner and Scott (hereafter Skinner) appeal from the decision of the Board of Patent Interferences awarding priority of a single count in interference No. 95,750 to Pacak. The count originated as claim 9 in Skinner patent No. 3,225,4251 and was copied in Pacak application serial No. 538,853.2 That application was held entitled, through an intervening...

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