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FITCH v. ATOMIC ENERGY COMMISSION

Patent Appeal No. 9124.

491 F.2d 1392 (1974)

Frederick T. FITCH and Ann B. Braun, Appellants, v. The ATOMIC ENERGY COMMISSION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 18, 1974.

Attorney(s) appearing for the Case

George T. Mobille, George M. Sirilla, Washington, D.C. (Cushman, Darby & Cushman) Washington, D.C. attorneys of record, for appellants. Joseph P. Nigon, Clarksville, Md., for W.R. Grace & Co., of counsel.

J.A. Horan, Washington, D.C., for the Commissioner of Patents.

Randall G. Erdley, Washington, D.C., for U.S. Atomic Energy Commn.

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

MARKEY, Chief Judge.

This appeal is from the decision of the Board of Patent Interferences holding that the Atomic Energy Commission (AEC) is entitled under 42 U.S.C. § 2182 to the patent to be issued on application serial No. 635,662, filed May 3, 1967 by Fitch et al.,1 for "Microspheres of Urania and Other Materials."2 We reverse that decision, finding that...

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