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KROEKEL v. SHAH

Patent Appeal No. 76-723.

558 F.2d 29 (1977)

Charles H. KROEKEL, Appellant, v. Navin SHAH, Appellee.

United States Court of Customs and Patent Appeals.

July 21, 1977.

Attorney(s) appearing for the Case

Michael B. Fein, Philadelphia, Pa., attorney of record, for appellant.

Elton Fisher, Columbia, Md., attorney of record, for appellee.

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

MARKEY, Chief Judge.

Senior party Kroekel appeals from the decision of the Patent and Trademark Office Board of Patent Interferences (board) in interference No. 98,607 awarding priority of invention to junior party Shah on the ground that Kroekel had no right to make the counts. We reverse.

This interference involves application serial No. 335,999,1 entitled "Unsaturated Polyester Resins Containing Cellulose Ester and Molded Articles...

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