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UNITED STATES DEPT. OF ENERGY v. DAUGHERTY

Appeal No. 81-610.

687 F.2d 438 (1982)

UNITED STATES DEPARTMENT OF ENERGY, Charles A. Fenstermacher and Keith Boyer, Appellants, v. Jack D. DAUGHERTY, Diarmaid H. Douglas-Hamilton, Richard M. Patrick and Evan R. Pugh, Appellees.

United States Court of Customs and Patent Appeals.

As Modified on Denial of Rehearing October 22, 1982.

Attorney(s) appearing for the Case

Roger S. Gaither, Livermore, Cal., and Linda J. Shapiro, Washington, D. C., for Dept. of Energy.

John A. Lahive, Jr., Edmund R. Pitcher, Boston, Mass., and Melvin E. Frederick, Wilmington, Mass., for appellees.

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

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office Board of Patent Interferences (board), adhered to on reconsideration, awarding priority of invention with respect to all counts in interference to the senior party, Daugherty et al. (Daugherty). We affirm.

Background

Involved in this interference are Daugherty U.S. Patent No. 3,702,973, issued to Avco Corporation, assignee, November 14, 1972, on...

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