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BREEN v. COBB

Patent Appeal Nos. 9005, 9006.

487 F.2d 558 (1973)

Alvin L. BREEN and Herbert G. Lauterbach, Appellants, v. Edward S. COBB and Carl F. Jackson, Appellees. Edward S. COBB and Carl F. Jackson, Appellants, v. Alvin L. BREEN and Herbert G. Lauterbach, Appellees.

United States Court of Customs and Patent Appeals.

November 21, 1973.

Attorney(s) appearing for the Case

Vincent L. Barker, Jr., Toledo, Ohio (Owen & Owen, Toledo, Ohio), attorney of record for Cobb and Jackson, Staelin & Overman, Charles F. Schroeder, Toledo, Ohio, of counsel.

Norris E. Ruckman, A. Newton Huff, Wilmington, Del., attorneys of record, for Breen and Lauterbach, Gerald A. Hapka, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

MARKEY, Chief Judge.

These are consolidated appeals from the decision of the Board of Interferences in Interference No. 96,574, awarding priority as to counts 1 and 7 to Cobb and Jackson (Cobb) and priority as to counts 2-6 and 8 to Breen and Lauterbach (Breen). We affirm.

The invention relates to an air jet device for texturizing yarn.

The issue in appeal number 9005 is whether the drawings of Breen's earlier applications provide support for counts...

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