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BREEN v. HENSHAW

Patent Appeal No. 8825.

472 F.2d 1398 (1973)

Alvin Leonard BREEN and Robert William Freeman, Appellants, v. David Ernest HENSHAW, Appellee.

United States Court of Customs and Patent Appeals.

February 15, 1973.

Attorney(s) appearing for the Case

Don M. Kerr, A. Newton Huff, Wilmington, Del., attorneys of record, for appellants. Gerald A. Hapka, Washington, D.C., of counsel.

G. Franklin Rothwell, Robert V. Sloan, Sughrue, Rothwell, Mion, Zinn & Macpeak, Washington, D.C., attorneys of record, for appellee.

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

MARKEY, Chief Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority of invention of the subject matter of the ten counts to senior party Henshaw. Appellants provoked the interference by presenting claims in their application serial No. 343,856, filed February 10, 1964, which were copied from U.S. Patent No. 3,225,533, issued December 28, 1965, to Henshaw on application serial No....

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