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DAVIS v. BURROWS

Patent Appeal No. 9167.

492 F.2d 1405 (1974)

John M. DAVIS and Sigred B. Lanoux, Appellants, v. Harold George BURROWS and Stephen John Hepworth, Appellees.

United States Court of Customs and Patent Appeals.

March 21, 1974.

Attorney(s) appearing for the Case

Sol Schwartz, Wilmington, Del., attorney of record, for appellants. A. Newton Huff, Wilmington, Del., of counsel.

Herbert M. Adrian, Jr., Charlotte, N. C., (Adrian & Sayko, Charlotte, N. C.), attorney of record, for appellees. Thomas J. Morgan, New York City, of counsel.

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

MILLER, Judge.

This is an appeal from the decision of the Board of Patent Interferences awarding priority to appellees, the senior party.

Although appellees' U.S. application (S.N. 557,631, June 15, 1966) was filed later than appellants' U.S. application (S.N. 546,593, May 2, 1966), appellees rely under 35 U.S.C. § 119 on three of their British applications.1 These antedate appellants...

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