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GRASSELLI v. DEWING

Patent Appeal No. 76-519.

534 F.2d 306 (1976)

Robert K. GRASSELLI and Robert C. Miller, Appellants, v. John DEWING and John C. Rooney, Appellees.

United States Court of Customs and Patent Appeals.

May 6, 1976.

Attorney(s) appearing for the Case

Herbert D. Knudsen, Bay Village, Ohio, attorney of record, for appellants.

Paul N. Kokulis, William T. Bullinger, Cushman, Darby & Cushman, Washington, D. C., attorneys of record, for appellees.

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

MARKEY, Chief Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to senior party-appellees Dewing and Rooney1 (Dewing) over junior party-appellants Grasselli and Miller2 (Grasselli). We reverse.

Background

The count, drafted by the examiner as a so-called phantom count under 37 CFR 1.203(a), is directed generally to a process for preparing...

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