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DRISCOLL v. CEBALO

Appeal Nos. 83-968, 83-654. Interference Nos. 97757, 98208.

731 F.2d 878 (1984)

Patrick R. DRISCOLL, Appellant, v. Tony CEBALO and Robert A. Walde, Appellees, v. Karl HOEGERLE, Hans Cellarius, Paul Rathgeb, and Jurg Rumpf, Appellees. Tony CEBALO and Robert A. Walde, Appellants, v. Patrick R. DRISCOLL, Appellee, v. Carl METZGER, Ludwig Eue, and Helmuth Hack, Appellees.

United States Court of Appeals, Federal Circuit.

April 6, 1984.

Attorney(s) appearing for the Case

Donald A. Peterson, Chicago, Ill., argued for appellants. With him on brief were Kenneth R. Adamo and Herbert D. Hart, III, Chicago, Ill.; Leroy Whitaker, Indianapolis, Ind., of counsel.

Peter G. Dilworth, Garden City, N.Y., argued for appellee Driscoll. With him on brief were Stephen D. Murphy and Rocco S. Barrese, Garden City, N.Y.

Before DAVIS, Circuit Judge, NICHOLS, Senior Circuit Judge, and MILLER, Circuit Judge.

JACK R. MILLER, Circuit Judge.

These consolidated appeals under 35 U.S.C. § 141 (1976) arose out of two interferences in which the Patent and Trademark Office Board of Patent Interferences ("board") awarded priority to Patrick R. Driscoll ("Driscoll") in Interference No. 98,208 (one phantom count) and to Tony Cebalo and Robert A. Walde ("Cebalo") in Interference No. 97,757 (two counts). Both Cebalo and Driscoll appeal from the awards of priority in the respective...

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