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ABEEL v. HEZLER

Patent Appeal No. 8910.

476 F.2d 1005 (1973)

Joseph A. ABEEL and Charles L. Schrieber, Appellants, v. Julius HEZLER, Jr. and George C. Barnier, Appellees.

United States Court of Customs and Patent Appeals.

April 19, 1973.

Attorney(s) appearing for the Case

Walter S. Zebrowski, Big Flats, N. Y., of record, for appellants.

Dean L. Ellis, of record, for appellees.

Before MARKEY, Chief Judge, RICH, BALDWIN, LANE, Judges, and ALMOND, Senior Judge.

BALDWIN, Judge.

This is an appeal from the decision of the Board of Patent Interferences awarding priority of invention as to counts 1 and 2 in interference No. 96,469, to Hezler et al. (Hezler). The counts correspond to claims of Hezler patent No. 3,214,213, issued October 26, 1965, on an application filed April 30, 1963. Abeel et al. (Abeel) copied the counts in application serial No. 388,350, filed August 5, 1964, which was accorded, through an intermediate parent...

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