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HARDING v. STEINGISER

Patent Appeal No. 6893.

318 F.2d 748 (1963)

James HARDING, Appellant, v. Samuel STEINGISER and Ival O. Salyer, Appellees.

United States Court of Customs and Patent Appeals.

June 20, 1963.

Attorney(s) appearing for the Case

Watson, Leavenworth, Kelton & Taggart, John T. Kelton, New York City (Paul A. Rose, Washington, D. C., and Howard K. Kothe, New York City, of counsel), for appellant.

John D. Upham, St. Louis, Mo. (F. M. Murdock and J. Russell Wilson, St. Louis, Mo., of counsel), for appellees.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

WORLEY, Chief Judge.

Harding, the junior party1 in an interference2 seeks reversal of the decision by the Board of Patent Interferences which awarded priority of invention to the senior party, Steingiser et al.3

The nature of the invention in issue is suggested by the single count, which reads:

"2. Stabilized polyethylene composition comprising a normally solid...

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