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BREUER v. DeMARINIS

Patent Appeal No. 76-668.

558 F.2d 22 (1977)

Hermann BREUER and Uwe D. Treuner, Appellants, v. Robert M. DeMARINIS, Appellee.

United States Court of Customs and Patent Appeals.

June 30, 1977.

Attorney(s) appearing for the Case

Merle J. Smith, Princeton, N. J., attorney of record, for appellants.

Alan D. Lourie, Philadelphia, Pa., attorney of record, for appellee; Stuart R. Suter, Philadelphia, Pa., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Associate Judges, SHIRO KASHIWA, Associate Judge, United States Court of Claims.

BALDWIN, Judge.

This is an appeal by Breuer et al. (Breuer) from the decision of the Patent and Trademark Office Board of Patent Interferences (board) which, by summary judgment, awarded priority of invention to DeMarinis. The board concluded that Breuer, the junior-party applicants,1 had not shown, as required by 37 CFR 1.204(c), prima facie entitlement to an award of priority with respect to the filing date of DeMarinis, the senior-party...

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