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TOMECEK v. STIMPSON

Patent Appeal No. 74-621.

513 F.2d 614 (1975)

Jerry J. TOMECEK, Appellant, v. Donald E. STIMPSON, Appellee.

United States Court of Customs and Patent Appeals.

April 3, 1975.

Attorney(s) appearing for the Case

Bruce G. Klaas, Edwards, Spangler, Wymore & Klaas, Denver, Colo., attorney of record, for appellant.

Barnes, Kisselle, Raisch & Choate, Detroit, Mich., attorneys of record, for appellee; Basil C. Foussianes, Oliver F. Arrett, Detroit, Mich., of counsel.

Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and ALMOND, Senior Judge.

ALMOND, Senior Judge.

This is an appeal by senior party Tomecek from that portion of the decision of the Board of Patent Interferences awarding priority of invention for the subject matter of count 1 of interference No. 97,610 to junior party Stimpson. We affirm that decision.

The involved Stimpson application is serial No. 802,423, filed February 26, 1969, assigned to Chrysler Corporation. Count 1 was copied by Stimpson, along with counts 2 and 3 which are...

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