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SZEKELY v. METCALF

Patent Appeal No. 8655.

455 F.2d 1393 (1972)

Andrew G. SZEKELY, Appellant, v. Arnold METCALF and Willis Bateman, Appellees.

United States Court of Customs and Patent Appeals.

March 16, 1972.

Attorney(s) appearing for the Case

Lawrence G. Kastriner, Harrie M. Humphreys, New York City, attys. of record, for appellant; Paul A. Rose, Washington, D. C., of counsel.

Joseph F. Brisebois, Washington, D. C. (Holcombe, Wetherill & Briesbois), Washington, D. C., attys. of record, for appellees.

Before RICH, ALMOND, BALDWIN, and LANE, Judges and ROSENSTEIN, Judge, United States Customs Court, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority of invention of the two counts in issue to the senior party Metcalf et al. which took no testimony and rested on the January 13, 1964, filing date of its United States application.1 Appellant is involved on his application2 filed March 31, 1964. As junior party, appellant bore the burden of proving priority...

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