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KAHL v. SCOVILLE

Appeal No. 79-553.

609 F.2d 991 (1979)

William KAHL, Andrew Davenport, and Philip H. Mudge, Appellants, v. Andrew E. SCOVILLE and William R. Davis, Appellees.

United States Court of Customs and Patent Appeals.

October 18, 1979.

Attorney(s) appearing for the Case

Clemens Hufmann, Chicago, Ill., attorney of record, for appellants.

Ralph H. Chilton, Hartford, Conn., attorney of record for appellees, John M. Prutzman and James E. Alix, Hartford, of counsel.

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

MILLER, Judge.

This is an appeal from a decision of the Patent and Trademark Office ("PTO") Board of Patent Interferences ("board") which awarded priority of invention of the counts in issue to the senior party-patentee Scoville et al.1 ("appellees") based on its holding that the junior party-applicant Kahl et al.2 ("appellants") failed to overcome the effective filing date of the senior party's patent with...

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