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HORWATH v. LEE

Appeal No. 77-561.

564 F.2d 948 (1977)

Robert O. HORWATH and James C. Chen, Appellants, v. Chin K. LEE, Lawrence E. Hayes and Margaret E. Long, Appellees, v. Margaret E. LONG, Appellee.

United States Court of Customs and Patent Appeals.

November 10, 1977.

Attorney(s) appearing for the Case

Louis F. Reed, Fish & Neave, Aaron B. Karas, New York City, attys. of record, for appellants.

John J. Cavanaugh, Neuman, Williams, Anderson & Olson, Chicago, Ill., attys. of record, for appellees.

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

MARKEY, Chief Judge.

Appeal from the decision of the Board of Patent Interferences (board) awarding priority to Long under 35 U.S.C. § 102(g) because Horwath et al. (Horwath) suppressed or concealed the invention. We affirm.

Background

Horwath is junior by virtue of application serial No. 207,573 filed December 13, 1971, entitled "Process for Enzymatically Isomerizing Glucose to Fructose." Lee et al. (Lee) are senior by virtue of patent...

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