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SUSSMAN v. COOPER

Patent Appeal No. 76-543.

537 F.2d 531 (1976)

Alan SUSSMAN, Appellant, v. Irvin J. COOPER, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 23, 1976.

Attorney(s) appearing for the Case

Carl L. Silverman, East Windsor, N. J., attorney of record, for appellant; A. Russinoff, Princeton, N. J., of counsel.

Terryl K. Qualey, St. Paul, Minn., attorney of record, for appellee (Alexander, Sell, Steldt & DeLaHunt, St. Paul, Minn.)

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

MILLER, Judge.

Senior party, Sussman,1 appeals from the decision2 of the Board of Patent Interferences awarding priority of the two counts to junior party, Cooper.3 We reverse.

The Invention

The invention comprises a display device (as shown in Fig. 1 of the Cooper patent) which illuminates an article 24 containing a design 25 positioned between the observer...

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