CROSS v. IIZUKA

Appeal No. 84-1111. Interference No. 100,650.

753 F.2d 1040 (1985)

Peter E. CROSS, et al., Appellants, v. Kinji IIZUKA, et al., Appellees.

United States Court of Appeals, Federal Circuit.

January 28, 1985.


Attorney(s) appearing for the Case

Rudolf E. Hutz, Connolly, Bove, Lodge & Hutz, Wilmington, Del., argued for appellants. With him on the brief was Thomas M. Meshbesher, Wilmington, Del.

Peter D. Olexy, Sughrue, Mion, Zinn, MacPeak & Seas, Washington, D.C., argued for appellees. With him on the brief was Thomas J. MacPeak, Washington, D.C.

Before KASHIWA, BENNETT and BISSELL, Circuit Judges.


KASHIWA, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Interferences (Board) awarding priority on the single phantom count to Iizuka, et al. (Iizuka), the senior party. We affirm.

Background

Interference No. 100,650 was declared on 20 April 1981 between application serial No. 68,365, for "Imidazole Derivatives," filed by Iizuka on 21 August 1979 and application...

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