STOUDT v. GUGGENHEIM

Appeal No. 81-510.

651 F.2d 760 (1981)

Thomas H. STOUDT and Karl H. Nollstadt, Appellants, v. Bernhard GUGGENHEIM and Hans-Rudolf Muhlemann, Appellees.

United States Court of Customs and Patent Appeals.

June 18, 1981.


Attorney(s) appearing for the Case

Frank M. Mahon, and Carroll G. Harper, (Lawrence A. Stahl, with him on brief) of Fitzpatrick, Cella, Harper & Scinto, New York City, for appellants.

James S. Waldron and Morris Fidelman, Washington, D. C., for appellees.

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


MARKEY, Chief Judge.

The Patent and Trademark Office Board of Patent Interferences (board) awarded priority of the contested count to Bernhard Guggenheim and Hans-Rudolf Muhlemann (Guggenheim), the junior party, on the ground that Thomas H. Stoudt and Karl H. Nollstadt (Stoudt), the senior party, was estopped to contest the priority of the subject matter of the count. We reverse and remand.

Background

The Previous Interference

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