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NELSON v. BOWLER

Appeal No. 79-630.

626 F.2d 853 (1980)

Norman A. NELSON, Appellant, v. Jean BOWLER et al., Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied November 6, 1980.

Attorney(s) appearing for the Case

Robert A. Armitage, Kalamazoo, Mich., and Thomas J. Macpeak, Washington, D.C., for appellant; Peter D. Olexy, Washington, D.C., of counsel.

Paul N. Kokulis, Washington, D.C., for appellees; William T. Bullinger and J.D. Atkinson, of counsel.

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

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority on all four counts to Bowler et al. (Bowler), the senior party. We reverse.

This interference involves two applications, serial No. 252,030, filed by appellant Nelson May 10, 1972, for "Composition and Process" and serial No. 474,608, filed by Bowler May 30, 1974, as a continuation of serial No. 248,717...

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