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TABUCHI v. NUBEL

Patent Appeal No. 76-682.

559 F.2d 1183 (1977)

Takeshi TABUCHI and Matazo Abe, Appellants, v. Robert C. NUBEL, Robert A. Fitts, and Joseph P. Lorenzo, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 27, 1977.

Attorney(s) appearing for the Case

David G. Conlin, Boston, Mass., Sewall P. Bronstein (Dike, Bronstein, Roberts, Cushman & Pfund, Boston, Mass.), attorneys of record, for appellants.

Rudolf E. Hutz, Connolly & Hutz, Wilmington, Del., attorneys of record, for appellees, Nicholas E. Oglesby, Jr., Richard T. Foster, Wilmington, Del., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Associate Judges, and SCOVEL RICHARDSON, Associate Judge, United States Customs Court.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Patent Interferences (board) awarding priority to the juniormost party, Nubel et al. (Nubel),1 in an interference involving three applicants. Appellant Tabuchi et al. (Tabuchi) was junior party;2 the senior party, Okumura et al. (Okumura),3 is not...

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