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BUCK v. DESVIGNES

Patent Appeal No. 9016.

489 F.2d 737 (1973)

Thomas M. BUCK et al., Appellants, v. Francois DESVIGNES, Appellee.

United States Court of Customs and Patent Appeals.

December 27, 1973.

Attorney(s) appearing for the Case

Arthur J. Torsiglieri, Murray Hill, attorney of record, for appellants.

Carl P. Steinhauser, patent agent, for appellee. R. G. Pelton, Larchmont, N. Y., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to Desvignes. The sole issue is Desvignes' right to make count 2. We affirm.

Buck et al. (Buck) filed no preliminary statement and are limited to the filing date of December 29, 1966, of Patent No. 3,403,284. Desvignes copied the count from the Buck patent into an application to reissue patent No. 3,322,955 which was awarded a convention date of December 24...

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