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SHEFFNER v. GALLO

Patent Appeal No. 75-512.

515 F.2d 1169 (1975)

Aaron Leonard SHEFFNER, Appellant, v. Duane G. GALLO and Aaron Leonard Sheffner, Appellees.

United States Court of Customs and Patent Appeals.

May 15, 1975.

Attorney(s) appearing for the Case

Arthur R. Crawford, Cushman, Darby & Cushman, Washington, D. C., attorneys of record, for appellant; Alvin Guttag and William T. Bullinger, Washington, D. C., of counsel.

John J. Cavanaugh, Chicago, Ill, attorney of record, for appellees.

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

BALDWIN, Judge.

Sheffner, the senior party, appeals from that portion of the decision of the Board of Patent Interferences which awarded priority of the sole count in issue to none of the parties involved.1 In the words of the board, priority was awarded "against" each party. Gallo and Sheffner (Gallo et al.), the junior party, did not appeal to this court from the decision of the board. We reverse.

The Subject Matter<...

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