PESKA v. SATOMURA

Appeal No. 79-513.

602 F.2d 969 (1979)

Jan PESKA, Milan Benes, and Jiri Stamberg, Appellants, v. Masato SATOMURA, Appellee.

United States Court of Customs and Patent Appeals.

Rehearing Denied August 16, 1979.


Attorney(s) appearing for the Case

Murray Schaffer, attorney of record, New York City, for appellants.

Louis Gubinsky, Washington, D.C. (Sughrue, Rothwell, Mion, Zinn & Macpeak, Washington, D.C.), attorney of record, for appellee.

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


MILLER, Judge.

This appeal is from an award of priority, by the Patent and Trademark Office ("PTO") Board of Patent Interferences ("board"), of invention of the counts in issue (counts 2-7) to the senior party, Satomura. We vacate the award of priority and remand the case for further proceedings.

Subject Matter of the Counts

Count 7 is illustrative of the invention:

7. A polymer of polymerizable hydroxyalkylmethacrylate sulfo esters...

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