ARCHER v. GORDON

Patent Appeal Nos. 8116, 8117.

427 F.2d 1402 (1970)

Sydney ARCHER, Appellant, v. Maxwell GORDON and John J. Lafferty, Appellees, v. Kuhrt FRETER and Karl Zeile, Appellees. Maxwell GORDON and John J. Lafferty, Appellants, v. Sydney ARCHER, Appellee, v. Kuhrt FRETER and Karl Zeile, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 8, 1970.


Attorney(s) appearing for the Case

Thomas F. Reddy, Jr., J. Phillip Anderegg, New York City, Pennie, Edmonds, Morton, Taylor & Adams, New York City, attorneys of record, for Archer. Laurence & Laurence, Washington, D. C., of counsel.

George J. Harding, 3rd, Philadelphia, Pa., for Gordon and Lafferty.

Nelson Littell, Jr., New York City, for Freter and Zeile.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and FISHER, Chief Judge, Eastern District of Texas, sitting by designation.


RICH, Judge.

These combined appeals are from the decision of the Board of Patent Interferences1 awarding priority to Freter and Zeile (hereinafter "Freter") in a three-party interference, No. 91,986, involving Freter application serial No. 62,099, filed October 12, 1960, entitled "Derivatives of 6, 7-Benzomorphan"; Gordon and Lafferty (hereinafter "Gordon") application serial No. 13,982 filed March 10, 1960, entitled "Novel N-Allyl and...

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