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KOVAL v. BODENSCHATZ

Patent Appeal No. 8688.

463 F.2d 442 (1972)

Leonide P. KOVAL, Appellant, v. August BODENSCHATZ, Appellee.

United States Court of Customs and Patent Appeals.

August 3, 1972.

Attorney(s) appearing for the Case

Frank L. Neuhauser, Washington, D. C., attorney of record, for appellant. Robert T. Casey, Plainville, Conn., Philip L. Schlamp, Contractor Equipment Business Div., General Electric Co., Bridgeport, Conn., of counsel.

Sidney G. Faber, New York City, attorney of record, for appellant. Bernard Gerb, Jerome M. Berliner, Marvin C. Soffen, Marc S. Gross, New York City, of counsel.

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

LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding the senior party Bodenschatz priority of invention as to five counts copied from his patent1 issued March 31, 1964, on an application2 filed July 18, 1960. Appellant is involved on his application3 filed May 18, 1962. Appellee took no testimony and relied on his 1960 filing date. Appellant...

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