WESTPHAL v. FAWZI

Appeal No. 81-537.

666 F.2d 575 (1981)

Kurt WESTPHAL, Werner Meiser, Ludwig Eue and Helmuth Hack, Appellants, v. Maged Mohamed FAWZI, Appellee.

United States Court of Customs and Patent Appeals.

December 10, 1981.


Attorney(s) appearing for the Case

Arnold Sprung, New York City, of counsel, and Leonard Horn, New York City, for appellants.

Michael Conner, Don M. Kerr, Francis A. Paintin, Wilmington, Del. and A. Newton Huff, Havertown Post Office, Pa., for appellee.

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


MARKEY, Chief Judge.

Westphal et al. (Westphal) appeals from the decision of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority of invention to junior party Fawzi. We affirm.

Background

The interference is defined by 11 counts relating to compounds useful as herbicides. Involved are Westphal patent number 3,671,523 (issued June 20, 1972) and Fawzi application number 526,261 (filed November...

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