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BENNER v. OGLESBY

Patent Appeal No. 4673.

132 F.2d 996 (1942)

BENNER et al. v. OGLESBY.

Court of Customs and Patent Appeals.

December 26, 1942.

Attorney(s) appearing for the Case

George E. Stebbins, of Pittsburgh, Pa., and Albert Grobstein, of Washington, D. C., for appellants.

Cushman, Darby & Cushman, of Washington, D. C. (John J. Darby, of Washington, D. C., of counsel), for appellee.

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

JACKSON, Associate Judge.

This is an interference proceeding in which there has been brought before us for review a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Examiner of Interferences awarding priority of invention to appellee upon the single count in issue.

The interference involves an application of appellee, Serial No. 659,565, filed March 3, 1933, and a patent of appellants, No. 2,049,535, issued August...

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