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DEPARTMENT OF ENERGY v. WESTLAND

Appeal No. 77-520.

565 F.2d 685 (1977)

DEPARTMENT OF ENERGY, by change of name from Energy Research and Development Administration, Appellant, v. Roger D. WESTLAND, Appellee.

United States Court of Customs and Patent Appeals.

November 23, 1977.

Attorney(s) appearing for the Case

Randall G. Erdley, U. S. Energy Research and Development Administration, Washington, D. C., attorney of record, for appellant.

Stephen Raines, Detroit, Mich., attorney of record, for appellee. David B. Ehrlinger, Detroit, Mich., of counsel.

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

FORD, Judge.*

This is an appeal from the final order of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) in a proceeding to determine the right of the Energy Research and Development Administration (ERDA)1 to have a patent issued to it instead of the inventor or his assignee, under section 152 of the Atomic Energy Act of 1954 (Act), as amended (42 U.S.C. 2182).2...

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