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BLICHARZ v. HAYS

Patent Appeal No. 9116.

496 F.2d 603 (1974)

Mitchell Stanley BLICHARZ and Gerald James Jackson, Jr., Appellants, v. Henry M. HAYS, Appellee.

United States Court of Customs and Patent Appeals.

May 9, 1974.

Attorney(s) appearing for the Case

Marcus B. Finnegan, Brian G. Brunsvold, Finnegan, Henderson, Farabow & Garrett, Washington, D. C., attorneys of record, for appellants.

George J. Harding, 3rd, Smith, Harding, Earley & Follmer, Philadelphia, Pa., attorney of record, for appellee.

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

BALDWIN, Judge.

Blicharz and Jackson (Blicharz) appeal from that portion of the decision of the Board of Patent Interferences which awarded priority of count 1 of interference No. 96,557 to Hays, the senior party.1

The Subject Matter

The count in issue reads (paragraphing added):

1. Granulation method, which comprises uniformly mixing substantially dry particles...

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