MUNCH v. PETERSON

Patent Appeal No. 8228.

420 F.2d 758 (1970)

Walter MUNCH, Jr. v. Richard H. PETERSON.

United States Court of Customs and Patent Appeals.

January 29, 1970.


Attorney(s) appearing for the Case

Hurvitz & Rose, Washington, D. C., attorneys of record, for appellant; Hyman Hurvitz, Washington, D. C., of counsel.

Donald H. Sweet, Evanston, Ill., for appellee.

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


LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to Peterson as to the single count in interference No. 94,547.

The sole issue is Munch's right to make the count, the board's award of priority resting wholly on its decision that the Munch application directly involved in the interference does not support the count.

The count originated as claim 22 in Peterson reissue patent No. 25,515, granted January...

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