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PAULIK v. RIZKALLA

Appeal No. 84-787, Interference No. 99764.

760 F.2d 1270 (1985)

Frank E. PAULIK and Robert G. Schultz, Appellants, v. Nabil RIZKALLA and Charles N. Winnick, Appellees.

United States Court of Appeals, Federal Circuit.

April 22, 1985.

Attorney(s) appearing for the Case

James H. Laughlin, Jr., Benoit, Smith & Laughlin, Arlington, Va., argued, for appellants; Wendell W. Brooks, Monsanto Co., St. Louis, Mo., of counsel.

William C. Long, The Halcon SD Group, Inc., New York City, argued, for appellees. With him on brief was Riggs T. Stewart, of counsel.

Before MARKEY, Chief Judge, and FRIEDMAN, RICH, DAVIS, BALDWIN, KASHIWA, BENNETT, MILLER, SMITH, NIES, NEWMAN and BISSELL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office Board of Patent Interferences (Board), awarding priority of invention to the senior party Nabil Rizkalla and Charles N. Winnick (Rizkalla), on the ground that the junior party and de facto first inventors Frank E. Paulik and Robert G. Schultz (Paulik) had suppressed or concealed the invention within the meaning of 35 U.S.C. § 102(g). We vacate this...

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