FLYNN v. EARDLEY

Patent Appeal No. 8865.

479 F.2d 1393 (1973)

Edwin H. FLYNN, Appellant, v. Stephen EARDLEY et al., Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied August 16, 1973.


Attorney(s) appearing for the Case

Herman I. Hersh, Chicago, Ill., John T. Reynolds, Indianapolis, Ind., and James H. Littlepage, Washington, D. C., attorneys of record, for appellant.

Fred T. Williams, John J. Cavanaugh, Chicago, Ill., J. William Pike, Washington, D. C., and Francis D. Thomas, Jr., Arlington, Va., attorneys of record, for appellees.

Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, and WATSON, Judge, United States Customs Court, sitting by designation.


BALDWIN, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority in Interference No. 96,095, to appellees Eardley et al. (Eardley).

Appellant is involved on the basis of his application Serial No. 398,028, filed September 21, 1964, which was a continuation-in-part of Serial No. 220,855 ('855) filed August 31, 1962, which in turn was a continuation-in-part of Serial No. 115,612...

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