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STEINBERG v. SEITZ

Patent Appeal No. 75-524.

517 F.2d 1359 (1975)

Sheldon STEINBERG et al., Appellants, v. Lamont J. SEITZ and John G. Bowen, Appellees.

United States Court of Customs and Patent Appeals.

June 26, 1975.

Attorney(s) appearing for the Case

Francis A. Utecht, Long Beach, Cal., Anthony A. O'Brien, Washington, D. C., attorneys of record, for appellants.

Richard R. Trexler, Chicago, Ill. (Olson, Trexler, Wolters, Bushnell & Fosse, Ltd., Chicago, Ill.), attorney of record, for appellee.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Associate Judges.

BALDWIN, Judge.

Steinberg et al. (hereinafter Steinberg) appeal from that portion of the decision of the Board of Patent Interferences which awarded priority of count 3 to Seitz et al., the junior party.1 We affirm.

The Subject Matter

The count in issue reads:

3. Apparatus for use in determining the prothrombin time [clotting time] of a blood sample comprising: a container for holding the blood sample...

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