MORGAN v. HIRSCH

Appeal Nos. 83-909, 83-910.

728 F.2d 1449 (1984)

John E. MORGAN, Appellant, v. Harry HIRSCH, Appellee.

United States Court of Appeals, Federal Circuit.

March 2, 1984.


Attorney(s) appearing for the Case

Robert B. Frailey, Philadelphia, Pa., argued for appellant.

Robert E. Burns, New York City, argued for appellee.

Before MARKEY, Chief Judge, and FRIEDMAN and RICH, Circuit Judges.


RICH, Circuit Judge.

This appeal is from two decisions dated December 8, 1982, of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) in two interferences, Nos. 99,909 and 99,910, awarding priority of the counts to the senior party, Harry Hirsch. We affirm.

The subject matter, generally speaking, is thermal underwear. The time period involved, during which the events leading to the filing of the parties' patent applications took place...

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