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HESTER v. ALLGEIER

Appeal No. 80-535.

646 F.2d 513 (1981)

Jackson B. Hester, Jr., Appellant, v. Hans ALLGEIER and Andre Gagneux, Appellees.

United States Court of Customs and Patent Appeals.

March 19, 1981.

Attorney(s) appearing for the Case

Sidney W. Russell, Peter J. Georges, Arlington, Va., John T. Reynolds, John Kekich, Kalamazoo, Mich., for appellant.

Joseph G. Kolodny, New York City, John J. Maitner, Saddle Brook, N. J., Karl F. Jorda, Ardsley, N. Y., for appellees.

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

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office ("PTO") Board of Patent Interferences ("board") which awarded priority of count 2 to senior party Allgeier et al. ("Allgeier"). We vacate and remand.

BACKGROUND

Count 1

The applications in interference1 relate to central nervous system tranquilizers in a class known as triazolo benzodiazepines ("triazolos"). The generic...

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