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HOLMES v. KELLY

Appeal No. 78-539.

586 F.2d 234 (1978)

Curtis L. HOLMES, William M. Faber, Sr., Otis F. Boykin and Gaylord L. Francis, Appellants, v. William Thomas KELLY, Leon Bruce Hornberger and Milton John Strief, Appellees.

United States Court of Customs and Patent Appeals.

November 9, 1978.

Attorney(s) appearing for the Case

John J. Gaydos, Elkhart, Ind., atty. of record, for appellants.

John E. Vanderburgh, Robert S. Frieman, Fullerton, Cal., attys. of record, for appellees.

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Associate Judges, and FORD, Judge.

MILLER, Judge.

This appeal is from the decision of the Patent and Trademark Office ("PTO") Board of Patent Interferences ("board") awarding priority of invention of the counts in issue to the junior party, Kelly et al. ("Kelly"). The counts were copied by Holmes et al. ("Holmes")1 from Kelly's patent No. 3,416,960, issued December 17, 1968, entitled "Cermet Resistors, their Composition and Method of Manufacture." The dispositive issue...

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