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BORROR v. HERZ

Appeal Nos. 81-532, 81-533.

666 F.2d 569 (1981)

Alan L. BORROR and Richard B. Greenwald, Appellants, v. Arthur H. HERZ and Daniel S. Daniel, Appellees. Richard B. GREENWALD, Appellant, v. Arthur H. HERZ and Daniel S. Daniel, Appellees.

United States Court of Customs and Patent Appeals.

December 10, 1981.

Attorney(s) appearing for the Case

Stanley H. Lieberstein, Marvin C. Soffen, New York City, and Stanley H. Mervis, Cambridge, Mass., of counsel, attorneys for appellants.

J. Jeffrey Hawley, Arthur H. Rosenstein and Ogden H. Webster, Rochester, N. Y., attorneys for appellees.

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

NIES, Judge.

These appeals are from the decisions of the Patent and Trademark Office Board of Patent Interferences (board) awarding priority of invention in both interferences to Herz et al. (Herz), the senior party.1 The board held that where no justification was given for the absence of the inventor's testimony, the party's case for priority, based on actual reduction to practice, could not...

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