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BLOCH v. CHIATSE SZE

484 F.2d 1202 (1973)

Godfrey BLOCH, Appellant, v. Benjamin CHIATSE SZE, Appellee. Patent Appeal No. 9163.

United States Court of Customs and Patent Appeals.

Rehearing Denied December 20, 1973.

Attorney(s) appearing for the Case

Ellsworth H. Mosher, Arlington, Va., atty. of record, for appellant.

A. Newton Huff, Wilmington, Del., atty. of record, for appellee. C. Harold Herr, Gerald A. Hapka, Washington, D.C., of counsel.

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

ALMOND, Senior Judge.

This is an appeal from the decision of the Patent Office Board of Patent Interferences awarding priority to appellee, the party Sze. The three counts of the interference correspond to claims in the patent1 issued to appellant, the party Bloch, that provided the basis for his involvement in this proceeding. Sze provoked the interference by copying these claims into his application.2

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