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VICKERY v. BARNHART

Patent Appeals Nos. 4425, 4426.

118 F.2d 578 (1941)

VICKERY v. BARNHART. BARNHART v. VICKERY.

Court of Customs and Patent Appeals.

March 31, 1941.

Attorney(s) appearing for the Case

Frank M. Slough, of Cleveland, Ohio (Waite, Schindel & Bayless and Herbert Shaffer, all of Cincinnati, Ohio, of counsel), for Vickery.

Samuel W. Banning and Ephraim Banning, both of Chicago, Ill., and Frank L. A. Graham, of Los Angeles, Cal., for Barnhart.

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

LENROOT, Associate Judge.

These are appeals in an interference proceeding wherein the Board of Appeals of the United States Patent Office affirmed a decision of the Examiner of Interferences awarding priority of invention of the subject matter of counts 1, 4 and 6 to the party Barnhart, and of the subject matter of counts 2, 3, 5 and 7 to the party Vickery. Barnhart appeals from so much of the decision of the board as relates to counts 2, 3, 5 and 7, and Vickery appeals...

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