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NABER v. CRICCHI

Appeal No. 77-556.

567 F.2d 382 (1977)

Charles T. NABER and George C. Lockwood, Appellants, v. James R. CRICCHI, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied February 23, 1978.

Attorney(s) appearing for the Case

William J. Birmingham, Chicago, Ill., Attorney of record for appellant; Lowell C. Bergstedt, Dayton, Ohio, of counsel.

James B. Hinson, Pittsburgh, Pa., Attorney of record for appellee; Charles L. Menzemer, Pittsburgh, Pa., of counsel.

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

MILLER, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Patent Interferences (board) awarding priority of invention of the counts in issue to the junior party, Cricchi. The counts were copied by Cricchi1 from a patent to Naber et al. (Naber) No. 3,719,866, issued March 6, 1973, and entitled "Semiconductor Memory Device." The dispositive question, which the board decided in favor of Cricchi, is whether...

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