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MEAD v. McKIRNAN

Appeal No. 78-542.

585 F.2d 504 (1978)

Keith C. MEAD, Appellant, v. Robert A. McKIRNAN, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied December 7, 1978.

Attorney(s) appearing for the Case

Richard R. Trexler, Chicago, Ill. (Olson, Trexler, Wolters, Bushnell & Fosse, Ltd., Chicago, Ill.), atty. of record, for appellant; Charles L. Sturtevant, Arlington, Va., of counsel.

Edward M. Keating, Chicago, Ill. (Kinzer, Plyer, Dorn & McEachran, Chicago, Ill.), atty. of record, for appellee.

Before RICH, BALDWIN, MILLER, KASHIWA and FORD, Judges.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) making a pro forma award of "priority" of invention to the junior party McKirnan. We affirm.

Mead is involved on application serial No. 430,957, entitled "Child Resistant Overcap for Aerosol or Like Containers," filed January 4, 1974, as a continuation of application serial No. 185,339, filed...

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