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TOFE v. WINCHELL

Appeal No. 80-553.

645 F.2d 58 (1981)

Andrew John TOFE, Appellant, v. Harry S. WINCHELL, Appellee.

United States Court of Customs and Patent Appeals.

March 31, 1981.

Attorney(s) appearing for the Case

Steven J. Goldstein, Jack D. Schaeffer, Cincinnati, Ohio, for appellant.

William H. Epstein, Nutley, N. J., George W. Johnston, Baltimore, Md., for appellee; Jon S. Saxe, Bernard S. Leon, George M. Gould, Nutley, N. J., of counsel.

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

NIES, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Patent Interferences (board) awarding priority of invention to Winchell1 over Tofe.2 On the ground that the matter was not one "ancillary to priority," the board refused to consider whether the Winchell application contained a disclosure of Winchell's best mode of practicing his...

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