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WIRSHING v. PINE

Patent Appeal No. 4437.

118 F.2d 916 (1941)

WIRSHING et al. v. PINE et al.

Court of Customs and Patent Appeals.

April 14, 1941.

Attorney(s) appearing for the Case

John A. Blair, of Pittsburgh, Pa., John D. Scofield and Harness, Dickey & Pierce, all of Detroit, Mich., for appellants.

Roy F. Steward, of New York City (Mitford C. Massie, of New York City, and Melvin W. Sandmeyer, of Washington, D. C., of counsel), for appellees.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

BLAND, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office, affirming that of the Examiner of Interferences in awarding to appellees Waite and Martin priority of invention defined by the two counts involved.

The interference, when before the board, also included a third party, Paul R. Pine, whose assignee was the Harshaw Chemical Company of Cleveland, Ohio, but who, after receiving an adverse decision...

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