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SZE v. BLOCH

Patent Appeal No. 8697.

458 F.2d 137 (1972)

Benjamin Chiatse SZE, Appellant, v. Godfrey BLOCH, Appellee.

United States Court of Customs and Patent Appeals.

April 27, 1972.

Attorney(s) appearing for the Case

A. Newton Huff, Wilmington, Del., attorney of record, for appellant; Gerald A. Hapka, Arlington, Va., of counsel.

S. Augustus Demma, New York City, attorney of record, for appellee.

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

ALMOND, Judge.

This is an appeal from the decision of the Patent Office Board of Patent Interferences awarding priority to appellee, Godfrey Bloch, on the ground that appellant, Benjamin Chiatse Sze, cannot make the counts in issue.

The three counts in issue correspond to claims of the Bloch patent,1 which were copied by Sze in his application.2 After Sze copied the claims from the Bloch patent, a first...

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