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RANDOLPH v. SHOBERG

Appeal No. 78-595.

590 F.2d 923 (1979)

George J. J. RANDOLPH, Jr., Appellant, v. Ralph S. SHOBERG and Thomas A. Ulicny, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied March 8, 1979.

Attorney(s) appearing for the Case

John M. McCormack, Kolisch, Hartwell, Dickinson & Stuart, Portland, Or., of record, for appellant.

Thomas N. Young, G. Gregory Schivley, Krass & Young, Troy, Mich., of record, for appellees.

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

BALDWIN, Judge.

This is an appeal from the decision of the Board of Patent Interferences (board) awarding priority to Shoberg et al. (Shoberg), the senior party. We reverse.

Background

Shoberg was issued U.S. patent No. 3,938,603 entitled "Constant Moment Weigh Scale With Floating Flexure Beam" on February 17, 1976, on an application filed December 30, 1974. Randolph, the junior party, filed an application entitled "Multipoint Load-Summing...

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