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MEITZNER v. MINDICK

Patent Appeal No. 76-577.

549 F.2d 775 (1977)

Erich F. MEITZNER and James A. Oline, Appellants, v. Morris MINDICK and Jerry J. Svarz, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 28, 1977.

Attorney(s) appearing for the Case

Eugene Sabol, Fisher, Christen & Sabol, Washington, D.C., attys. of record, for appellants; George W.F. Simmons, Robert A. Doherty, Rohm & Haas Co., Philadelphia, Pa., of counsel.

Herbert B. Keil, Michael P. Bucklo, Johnston, Keil, Thompson & Shurtleff, Chicago, Ill., David B. Kellom, Bernd W. Sandt, Midland, Mich., attys. of record, for appellees.

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

MILLER, Judge.

The junior party, Meitzner and Oline (Meitzner),1 appeals from the decision2 of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority of the invention described in the ten counts in issue to the senior party, Mindick and Svarz (Mindick).3 We affirm.

The Invention

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