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SILVESTRI v. GRANT

Patent Appeal No. 8978.

496 F.2d 593 (1974)

Herbert H. SILVESTRI and David A. Johnson, Appellants, v. Norman H. GRANT and Harvey E. Alburn, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 12, 1974.

Attorney(s) appearing for the Case

Robert H. Berdo, Washington, D. C., Richard H. Brink, Syracuse, N. Y., attorneys of record, for appellants; Roylance, Abrams, Berdo & Kaul, Washington, D. C., of counsel.

Ellsworth H. Mosher, Arlington, Va., Vito Victor Bellino, New York City, attorneys of record, for appellees.

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

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Patent Interferences awarding priority to appellee, the senior party, Grant et al. (hereinafter Grant). We reverse.

The sole count corresponds to claim 1 of Grant's patent,1 on which he is involved in this interference. Appellants, Silvestri et al. (hereinafter Silvestri), provoked this interference by filing an application2

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