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APPLICATION OF SUSKA

Appeal No. 78-586.

589 F.2d 527 (1979)

Application of Charles R. SUSKA.

United States Court of Customs and Patent Appeals.

January 11, 1979.

Attorney(s) appearing for the Case

Frank W. Ford, Jr., Brumbaugh, Graves, Donohue & Raymond, New York City, attorney of record, for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Gerald H. Bjorge, Washington, D. C., of counsel.

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

MILLER, Judge.

This is an appeal from the Patent and Trademark Office Board of Appeals ("board") which affirmed the examiner's rejection of claims 1-5, 10, 20, and 23 in application serial No. 279,198, filed August 9, 1972, for "Controlled Release Door Holder."1 We affirm.

Appellant was involved in an interference, Suska v. Martin,2 wherein priority was awarded to Martin because appellant, although...

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