DeGEORGE v. BERNIER

Appeal No. 84-1281.

768 F.2d 1318 (1985)

Peter J. DeGEORGE, et al., Appellants, v. Donald R. BERNIER, Appellee.

United States Court of Appeals, Federal Circuit.

July 19, 1985.


Attorney(s) appearing for the Case

David W. Plant, Fish & Neave, New York City, argued, for appellants. With him on brief were Robert C. Morgan, Robert R. Jackson, and Douglas J. Gilbert, New York City.

Richard H. Smith, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued, for appellee. With him on brief was Richard L. Stroup and Gerald L. Moore, Los Gatos, Cal.

Before BALDWIN, Circuit Judge, and SKELTON and MILLER, Senior Circuit Judges.


BALDWIN, Circuit Judge.

This appeal is from a decision of the Board of Patent Interferences (board) of the United States Patent and Trademark Office (PTO) awarding priority of counts 1 through 13 to junior-party Bernier. We reverse in part and vacate in part.

Background

The senior-party appellants are Peter J. DeGeorge, Roger F. Ross, and Donald E. Sims (DeGeorge); the real party in interest is International Business Machines Corporation ...

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