APPLICATION OF BERGY

Appeal Nos. 76-712, 77-535.

596 F.2d 952 (1979)

Application of Malcolm E. BERGY, John H. Coats, and Vedpal S. Malik. Application of Ananda M. CHAKRABARTY.

United States Court of Customs and Patent Appeals.

March 29, 1979.


Attorney(s) appearing for the Case

Roman Saliwanchik, Kalamazoo, Mich., for appellants; Malcolm E. Bergy, John H. Coats, and Vedpal S. Malik, John Kekich, Kalamazoo, Mich., of counsel.

Leo I. MaLossi, Schenectady, N. Y., for appellant Ananda M. Chakrabarty; Joseph B. Forman, Arlington, Va., Joseph T. Cohen, Schenectady, N. Y., of counsel.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents and Trademarks; Gerald H. Bjorge, Washington, D. C., of counsel.

Donald L. Reidhaar, Berkeley, Cal., Mary Helen Sears, Lorance L. Greenlee, Washington, D. C., Iron & Sears, Washington, D. C., for amicus curiae, The Regents of the University of California.

Tom Arnold, Houston, Tex., Arnold, White & Durkee, Houston, Tex., for amicus curiae, the American Patent Law Association; William F. Eberle, Bruce M. Collins, New York City, Karl F. Jorda, Ardsley, N. Y., Bernard F. Leon, Nutley, N. J., Donald R. Dunner, Washington, D. C., of counsel.

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


RICH, Judge.

Introduction

These appeals are from decisions of the Board of Appeals (board) of the United States Patent and Trademark Office (PTO) under 35 U.S.C. § 141 by dissatisfied applicants for patents. We reverse.

These two cases come before us for the second time under the circumstances hereinafter detailed. Since our first decisions, they have been to the United States Supreme Court and back without any decision by that Court...

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