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SHINDELAR v. HOLDEMAN

Patent Appeal No. 80-522.

628 F.2d 1337 (1980)

Joseph John SHINDELAR, Appellant, v. Adin Frank HOLDEMAN, Melvin Victor Gaeddert, Howard James Ratzlaff, Martin Eugene Pruitt and Howard Roy Lohrentz, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied November 20, 1980.

Attorney(s) appearing for the Case

Robert S. Swecker, Alexandria, Va., for appellant; John M. Nolan, Richmond, Va., of counsel.

Stephen D. Timmons and Gordon D. Schmidt, Kansas City, Mo., for appellees; William T. Bullinger, Washington, D. C., of counsel.

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

BALDWIN, Judge.

This is an appeal from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Interferences (board) which awarded priority of invention of the count in issue to the senior party-applicants Holdeman et al.1 based on its holding that, while the junior party-applicant Shindelar2 had actually reduced the invention of the count to practice prior to the earliest date proven...

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