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REY-BELLET v. ENGELHARDT

Patent Appeal Nos. 8998, 8999.

493 F.2d 1380 (1974)

Gerald REY-BELLET and Hans Spiegelberg, Appellants, v. Edward L. ENGELHARDT, Appellee, v. Walter SCHINDLER, Appellee. Edward L. ENGELHARDT, Appellant, v. Gerald REY-BELLET and Hans Spiegelberg, Appellees, v. Walter SCHINDLER, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 27, 1974.

Attorney(s) appearing for the Case

Carroll G. Harper, New York City (Fitzpatrick, Cella, Harper & Scinto, New York City) attorneys of record for appellant Engelhardt.

William H. Vogt, III, New York City, attorney of record, for Rey-Bellet. Samuel L. Welt, Jon S. Saxe, Bernard S. Leon, William G. Isgro, Nutley, N.J., and Stevan J. Bosses, New York City, of counsel.

John T. Miller, Washington, D.C., (Wenderoth, Lind & Ponack, Washington, D.C.,) attorney of record, Joseph G. Kolodny, Summit, N.J., for Schindler. Karl F. Jorda, Ardsley, N.Y., of counsel.

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

BALDWIN, Judge.

These appeals are from the decision of the Patent Office Board of Patent Interferences awarding priority of invention of the sole count in issue to Schindler, the senior party of this three party interference.1 We reverse the board's decision and hold that priority should have been awarded to the party Engelhardt.

The Appeals

Schindler is involved in these appeals on application serial No. 282,874...

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