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ELLIOTT v. BARKER

Patent Appeal No. 8912.

481 F.2d 1337 (1973)

Howard A. ELLIOTT, Appellant, v. Robert A. BARKER and John W. Shank, Appellees.

United States Court of Customs and Patent Appeals.

August 16, 1973.

Attorney(s) appearing for the Case

Sheldon W. Witcoff, Daniel M. Riess, Molinare, Allegretti, Newitt & Witcoff, Chicago, Ill., attorneys of record, for appellant.

Vincent L. Barker, Jr., Mark C. Schaffer, Carl F. Schaffer, Owen & Owen, Toledo, Ohio, attorneys of record, for appellees.

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

BALDWIN, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority of invention to the appellees Barker and Shank (Barker). Appellant Elliott is involved through his patent No. 3,266,008, issued August 9, 1966 on an application filed January 13, 1964. Barker is involved through application serial No. 595,305, filed November 7, 1966 in which claim 2 of the Elliott patent, corresponding to the count, was copied. That application...

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