GOODRICH v. HARMSEN

Patent Appeal Nos. 8463, 8464.

442 F.2d 377 (1971)

John J. GOODRICH, Appellant, v. Arnold C. HARMSEN and Burke P. Lokey, Appellees. Burke P. LOKEY, Appellant, v. Arnold C. HARMSEN and John J. Goodrich, Appellees.

United States Court of Customs and Patent Appeals.

As Corrected May 25, 1971.


Attorney(s) appearing for the Case

No. 8463:

Francis J. Hone, New York City, for appellees.

Raymond J. McElhannon, Paul E. O'Donnell, Jr., New York City, for appellant, John J. Goodrich.

Robert E. Isner, New York City, for Arnold C. Harmsen.

No. 8464:

Francis J. Hone, New York City, for appellant Burke P. Lokey.

Raymond J. McElhannon, Albert C. Johnston, New York City, for appellees. Robert E. Isner, New York City, for Arnold C. Harmsen, Paul E. O'Donnell, Jr., New York City, for John J. Goodrich.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and Re, Judge, Customs Court, sitting by designation.


RICH, Judge.

These appeals are from the decision of the Board of Patent Interferences in a three-party interference involving only pending applications in which priority was awarded to Harmsen,1 the junior-most party, as against Lokey,2 the intermediate party, and Goodrich,3 the senior party. We reverse and find that Lokey is entitled to priority on the present record.

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