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PEELER v. MILLER

Patent Appeal No. 76-503.

535 F.2d 647 (1976)

Robert L. PEELER et al., Appellants, v. David R. MILLER, Appellee.

United States Court of Customs and Patent Appeals.

June 10, 1976.

Attorney(s) appearing for the Case

C. J. Tonkin, San Francisco, Cal., attorney of record, for appellants.

Herbert B. Roberts, St. Louis, Mo., attorney of record, for appellee.

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

RICH, Judge.

The senior party, Peeler, Godfrey, and Furby (Peeler),1 appeals from the decision of the Patent and Trademark Office (PTO) Board of Patent Interferences (board), one member dissenting, awarding priority of invention in five counts to the junior party, Miller.2 We reverse.

The Subject Matter

Counts 6 and 8 adequately describe the...

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