FIERS v. REVEL

Nos. 92-1170, 92-1171.

984 F.2d 1164 (1993)

Walter C. FIERS, Appellant, v. Michel REVEL and Pierre Tiollais, Appellants, v. Haruo SUGANO, Masami Muramatsu and Tadatsugu Taniguchi, Appellees.

United States Court of Appeals, Federal Circuit.

January 19, 1993.


Attorney(s) appearing for the Case

David J. Lee, Fish & Neave, New York City, argued for appellant. With him on the brief were James F. Haley, Jr. and Ivor R. Elrifi. Roger L. Browdy, Browdy & Neimark, Washington, DC, argued for appellants.

Nels T. Lippert, White & Case, New York City, argued for appellees.

Before MICHEL, Circuit Judge, COWEN, Senior Circuit Judge, and LOURIE, Circuit Judge.


LOURIE, Circuit Judge.

Walter C. Fiers, Michel Revel, and Pierre Tiollais appeal from the June 5, 1991 decision of the Patent and Trademark Office Board of Patent Appeals and Interferences, awarding priority of invention in a three-way interference proceeding, No. 101,096, to Haruo Sugano, Masami Muramatsu, and Tadatsugu Taniguchi (Sugano). We affirm.

BACKGROUND

This interference among three foreign inventive entities relates to the DNA

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