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APPLICATION OF ZIEGLER

Patent Appeal No. 7428.

347 F.2d 642 (1965)

Application of Karl ZIEGLER, Heinz Breil, Erhard Holzkamp and Heinz Martin.

United States Court of Customs and Patent Appeals.

June 24, 1965.

Attorney(s) appearing for the Case

Arnold Sprung, New York City, for appellants.

Clarence W. Moore, Washington, D. C. (J. E. Armore, Washington, D. C., of counsel), for the Commissioner of Patents.

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

MARTIN, Judge.

The major issue in this appeal resolves itself into the question of whether a foreign application must show an entire generic invention as presently claimed in a U. S. application in order to be effective for priority, or whether it may be effective for priority purposes if it shows the same species as the references which otherwise anticipate the claims. A preliminary issue is whether the term "alkali metal...

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