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FONTIJN v. OKAMOTO

Patent Appeal No. 74-594.

518 F.2d 610 (1975)

FONTIJN, Appellant, v. OKAMOTO et al., Appellees.

United States Court of Customs and Patent Appeals.

June 19, 1975.

Attorney(s) appearing for the Case

Caspar C. Schneider, Jr., John B. Pegram, New York City, attorneys of record, for appellant. Tom R. Vestal, Asheville, N. C., Davis, Hoxie, Faithfull & Hapgood, New York City, of counsel.

Mark A. Greenfield, New York City, Sherman & Shalloway, Washington, D. C., attorneys of record, for appellees.

Before MARKEY, Chief Judge, RICH, LANE and MILLER, Judges, and ALMOND, Senior Judge.

ALMOND, Senior Judge.

The junior party Fontijn appeals from the decision of the Patent and Trade-mark Office (PTO) Board of Patent Interferences in interference No. 97,765 awarding priority of invention to the senior party Okamoto et al. (Okamoto). We reverse.

Fontijn is involved on patent No. 3,447,308 based on a United States application serial No. 663,812, filed August 28, 1967, claiming the priority of a Netherlands application No. 66-12,628, filed September...

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