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TRIGGIANA v. GENS

Patent Appeal No. 8949.

482 F.2d 1381 (1973)

Leonard V. TRIGGIANA, Appellant, v. Theodore A. GENS, Appellee.

United States Court of Customs and Patent Appeals.

September 13, 1973.

Attorney(s) appearing for the Case

Alvin Guttag, Fred S. Whisenhunt, William T. Bullinger, Washington, D.C. (Cushman, Darby & Cushman) Washington, D.C., for appellant. Joseph P. Nigon, Clarksville, Md., of counsel.

Roland A. Anderson, Washington, D.C., for appellee. Robert M. Poteat, David S. Zachry, Irving Barrack, Oak Ridge, Tenn., John A. Horan, Washington, D.C., of counsel.

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

BALDWIN, Judge.

This appeal is from that part of the decision of the Board of Patent Interferences that awarded priority of invention as to counts 3 and 4 of interference No. 96,136 to the appellee Gens.1 Triggiana is involved through his application serial No. 554,345, filed June 1, 1966. Gens, the junior party, is involved through application serial No. 578,428, filed September 8, 1966.

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