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FELDMAN v. AUNSTRUP

Patent Appeal No. 74-602.

517 F.2d 1351 (1975)

Louis I. FELDMAN, Appellant, v. Knud AUNSTRUP, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 18, 1975.

Attorney(s) appearing for the Case

Richard R. Trexler, Chicago, Ill. (Olson, Trexler, Wolters, Bushnell & Fosse, Ltd., Chicago, Ill.), attorney of record, for appellant.

Morris Fidelman, James S. Waldron, Washington, D.C. (Fidelman, Wolffe, Leitner & Hiney, Washington, D.C.), attorneys of record, for appellee.

Before MARKEY, and RICH, BALDWIN, LANE and MILLER,

LANE, Judge.

This appeal by Feldman (junior party) is from the decision of the Patent and Trademark Office (PTO) Board of Patent Interferences awarding priority of invention to Aunstrup (senior party). The issues centers around Aunstrup's specification, which refers to a microorganism culture deposited in a foreign country, and the requirements of 35 U.S.C. § 112, first paragraph. Hence, this case is a sequel to

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