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RION v. AULT

Patent Appeal No. 8591.

482 F.2d 948 (1973)

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

United States Court of Customs and Patent Appeals.

Rehearing Denied October 25, 1973.

Attorney(s) appearing for the Case

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

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

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

ON REHEARING

RICH, Judge.

Our original opinion of February 24, 1972, was published at 455 F.2d 570. We there reversed the decision of the Board of Patent Interferences awarding priority to Ault et al. (Ault) and remanded because we found "there is no interference in fact." Ault petitioned for rehearing and Rion et al. (Rion) opposed. The Patent Office Solicitor called our attention to the fact that under the Patent Office...

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