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RION v. AULT

Patent Appeal No. 8591.

455 F.2d 570 (1972)

Richard G. RION et al., Appellants, v. Alfred S. AULT et al., Appellees.

United States Court of Customs and Patent Appeals.

February 24, 1972.

Attorney(s) appearing for the Case

Milton L. Simmons, attorney of record, for appellants.

Otto R. Krause, Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill., attorneys of record, for appellees.

Before WORLEY, Chief Judge, and RICH, ALMOND, BALDWIN and LANE, Judges.

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to Ault et al., the senior party.1 Rion et al.2 appeal solely as to an issue which they assert, and which Ault denies, is ancillary to priority as hereinafter explained. We reverse and remand because we find there is no interference in fact.

The Counts

The parties' inventions are both...

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