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THOMSON v. ARMITAGE

Appeal No. 81-530.

665 F.2d 1032 (1981)

John E. THOMSON and George E. Waples, Jr., Appellants, v. John Brian ARMITAGE, Appellee.

United States Court of Customs and Patent Appeals.

December 3, 1981.

Attorney(s) appearing for the Case

W. J. Lee, J. W. Morse and Stephen S. Grace, Midland, Mich., for appellants.

Roger A. Hines, Wilmington, Del., Hoge T. Sutherland, Arlington, Va., and Francis A. Paintin, Wilmington, Del., for appellee.

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

BALDWIN, Judge.

This is an appeal from a decision by the United States Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority of invention to Armitage, the senior party-applicant,1 on the ground that the junior party-patentee Thomson et al.2 (Thomson) had not demonstrated an actual reduction to practice predating Armitage's effective filing date. We affirm.

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