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PIPER v. ATOMIC ENERGY COMMISSION

Patent Appeal No. 9071.

502 F.2d 1393 (1974)

James R. PIPER and Thomas P. Johnston, Appellants, v. The ATOMIC ENERGY COMMISSION, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied November 21, 1974.

Attorney(s) appearing for the Case

Robert H. Berdo, Alfred N. Goodman, Washington, D. C., attys of record, for appellants; Walter C. Farley, D. C. Roylance, Washington, D. C. (Roylance, Abrams, Berdo & Kaul, Washington, D. C.) of counsel.

J. A. Horan, Washington, D. C., atty of record, for appellee, Randall G. Erdley, Washington, D. C., of counsel.

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

MILLER, Judge.

This is an appeal from the final order of the Patent Office Board of Patent Interferences in a proceeding to determine the right of the Atomic Energy Commission (AEC) to have a patent issued to it instead of to the inventors or their assignee, under section 152 of the Atomic Energy Act of 1954, as amended (42 U. S.C. § 2182). The board held that the AEC was entitled to direct the Commissioner of Patents to issue the patent to it. We reverse.

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