NITZ v. EHRENREICH

Patent Appeal No. 76-506.

537 F.2d 539 (1976)

Jacob NITZ and Glenn R. Graham, Appellants, v. Leo C. EHRENREICH, Appellee.

United States Court of Customs and Patent Appeals.

July 15, 1976.


Attorney(s) appearing for the Case

David A. Greenlee, Thomas S. Baker, Jr., Columbus, Ohio, attorneys of record, for appellants.

William H. Webb, Webb, Burden, Robinson & Webb, Pittsburgh, Pa., Raymond W. Green, David E. Dougherty, Niagara Falls, N. Y., attorneys of record, for appellee.

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


MARKEY, Chief Judge.

This appeal is by Nitz and Graham (Nitz) from the decision of the Board of Patent Interferences awarding priority of invention to Ehrenreich. The interference was provoked when senior party Ehrenreich copied, in modified form,1 claims 3 and 13 of Nitz's Patent No. 3,552,533.2 The Commissioner disapproved a board recommendation of no interference in fact on count 1, after which the board...

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