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NOYCE v. KILBY

Patent Appeal Nos. 8182, 8205.

416 F.2d 1391 (1969)

Robert N. NOYCE, Appellant, v. Jack St. Clair KILBY, Appellee. Jack St. Clair KILBY, Appellant, v. Robert N. NOYCE, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 29, 1970.

Attorney(s) appearing for the Case

Roger S. Borovoy, attorney of record, Mountain View, Cal., for appellant and cross-appellee J. Harold Kilcoyne, Washington, D. C., and Lawrence B. Dodds, Great Neck, N. Y., of counsel.

Ellsworth H. Mosher, Washington, D. C., for appellee and cross-appellant. Samuel M. Mims, Jr., Dallas, Tex., and Stevens, Davis, Miller & Mosher, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, McGUIRE Judge, sitting by designation, and ALMOND, BALDWIN and LANE, Judges.

ALMOND, Judge.

These are cross-appeals from the decision of the Board of Patent Interferences awarding priority of invention as to counts 1-4 to Kilby and counts 5 and 6 to Noyce in Interference No. 92,841 involving Noyce patent No. 2,981,877, issued April 25, 1961 on an application1 filed July 30, 1959, and Kilby application serial No. 169,557, filed January 29, 1962.

The sole issue is whether counts 1-4, the subject matter of...

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