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WEIL v. FRITZ

Appeal No. 79-534.

601 F.2d 551 (1979)

Edward D. Weil, Appellant, v. Charles D. Fritz, Wilbur F. Evans, Anson R. Cooke, Appellees.

United States Court of Customs and Patent Appeals.

June 28, 1979.

Attorney(s) appearing for the Case

Daniel C. Block, Richmond, Cal., attorney of record, for appellant, Jerry D. Voight, Herbert H. Mintz, Finnegan, Henderson, Farabow & Garrett, Washington, D.C., of counsel.

Alan H. Bernstein, Stanley H. Cohen, Philadelphia, Pa. (Caesar, Rivise, Bernstein & Cohen, Ltd.) Philadelphia, Pa., and Robert C. Brown, New York City, attorneys of record, for appellees, James C. Arvantes, Arlington, Va., of counsel.

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

BALDWIN, Judge.

This appeal by Weil1 is from an award of priority of invention, by the Patent and Trademark Office Board of Patent Interferences (board), of a single count in issue to Fritz et al.2 (Fritz) after remand from this court in Weil v. Fritz, 572 F.2d 856, 196 USPQ 600 (1978). We affirm.

Background

The single count in interference is...

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