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LITCHFIELD v. EIGEN

Patent Appeal No. 76-535.

535 F.2d 72 (1976)

John H. LITCHFIELD and Victor G. Vely, Appellants, v. Edward EIGEN, Appellee.

United States Court of Customs and Patent Appeals.

June 10, 1976.

Attorney(s) appearing for the Case

Robert E. LeBlanc, Donald C. Casey, LeBlanc & Shur, Washington, D. C., attorneys of record, for appellants.

Max R. Millman, Philadelphia, Pa., Robert L. Stone, New York City, attorneys of record, for appellee; Millman & Jacobs, Philadelphia, Pa., of counsel.

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) awarding priority to the senior party-patentee Eigen1 against the junior party-applicants Litchfield and Vely2 as to both counts in interference on the ground that Litchfield and Vely, although having been first to conceive, failed to show reasonable diligence from just prior to Eigen's conception...

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