PHILLIPS v. LYNCH

Patent Appeal No. 7483.

367 F.2d 601 (1966)

William E. PHILLIPS, Appellant, v. Edward E. LYNCH and John J. Larew, Appellees.

United States Court of Customs and Patent Appeals.

October 27, 1966.


Attorney(s) appearing for the Case

Virgil E. Woodcock, Philadelphia, Pa., James H. Littlepage, Washington, D. C., for appellant.

Melvin M. Goldenberg, Washington, D. C., Richard E. Hosley, Lynn, Mass. (Frank L. Neuhauser, Washington, D. C., of counsel), for appellees.

Before RICH, Acting Chief Judge, and MARTIN, SMITH, and ALMOND, Judges, and Judge WILLIAM H. KIRKPATRICK.


RICH, Acting Chief Judge.

Phillips appeals from the decision of the Board of Patent Interferences, adhered to on reconsideration, insofar as it awarded priority to Lynch and Larew (hereinafter Lynch) as to counts 18 and 19. Priority was awarded to Phillips as to counts 4, 17, and 20 but Lynch did not appeal and that award stands.

The sole issue before us is Phillips' right to make counts 18 and 19, the board's award of priority resting solely on its decision...

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