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SELLSTEDT v. ISHIMARU

Patent Appeal No. 76-619.

543 F.2d 1328 (1976)

John H. SELLSTEDT, Appellant, v. Toshiyasu ISHIMARU, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 19, 1977.

Attorney(s) appearing for the Case

Francis D. Thomas, Jr., Bacon & Thomas, Arlington, Va., attys. of record, for appellant; Vito Victor Bellino, Egon E. Berg, New York City, Robert Wiser, Philadelphia, Pa., of counsel.

David T. Terry, Craig & Antonelli, Washington, D. C., atty. of record, for appellee.

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

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Patent Interferences (board) which, by summary judgment under 37 CFR 1.228 (Rule 228) awarded priority to the senior party Ishimaru against the junior party Sellstedt as to all counts in interference. We affirm.

Background

On February 20, 1975, appellant Sellstedt, pursuant to the provisions of 37 CFR 1.205, copied into his patent application fifteen...

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