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HESTER v. ALLGEIER

No. 82-508.

687 F.2d 464 (1982)

Jackson B. HESTER, Jr. v. Hans ALLGEIER and Andre Gagneux.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 13, 1982.

Attorney(s) appearing for the Case

Sidney W. Russell, Peter J. Georges, Arlington, Va., and John T. Reynolds, John Kekich, Kalamazoo, Mich., for appellant.

Joseph G. Kolodny, New York City, and Karl F. Jorda, Ardsley, N.Y., for appellees.

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

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office Board of Patent Interferences ("board") awarding priority of the subject matter of count 2 to the party Allgeier and Gagneux ("Allgeier") based on its holding that counts 1 and 2, the only counts in interference, are patentably distinct. (Hester has been awarded priority on count 1.) We affirm.

BACKGROUND

This case is before the court for the second time.

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