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DYER v. FIELD

Patent Appeal No. 7815.

386 F.2d 466 (1967)

Richard F. DYER, Appellant, v. Frederick C. FIELD, Jr., Appellee.

United States Court of Customs and Patent Appeals.

December 14, 1967.

Attorney(s) appearing for the Case

Andrew E. Taylor, William R. Hinds, Washington, D. C. (Roberts B. Larson, Larson & Taylor, Washington, D. C., of counsel), for appellant.

William B. Cridlin, Jr., A. Newton Huff, James T. Corle, Wilmington, Del., for appellee.

Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.

WORLEY, Chief Judge.

The sole issue raised by Dyer1 in his appeal from the decision of the Board of Patent Interferences awarding priority of invention to Field2 is whether, as the board held, Field is entitled under 35 U.S.C. § 120 to rely upon the 1954 filing date of his parent application to establish priority with respect to the subject matter of the single count:

1. A bulky yarn comprising...

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