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WOODS v. TSUCHIYA

Appeal No. 84-871.

754 F.2d 1571 (1985)

Donald M. WOODS, Appellant, v. William S. TSUCHIYA, Appellee.

United States Court of Appeals, Federal Circuit.

February 15, 1985.

Attorney(s) appearing for the Case

James F. Haley, Jr., Fish & Neave, New York City, argued for appellant.

Henry J. Zafian, Denise L. Loring and Jonathan D. Zischkau, Fish & Neave, New York City, of counsel.

Emil J. Bednar, Vaden, Eickenroht, Thompson, Bednar & Jamison, Houston, Tex., of counsel.

Richard R. Trexler, Trexler, Bushnell & Wolters, Ltd., Chicago, Ill., argued for appellee.

James W. Miller, The Toro Company, Bloomington, Minn., of counsel.

Before DAVIS, BENNETT and MILLER, Circuit Judges.

PER CURIAM.

This appeal is from the decision of the United States Patent and Trademark Office ("PTO") Board of Interferences ("Board")1 awarding priority of invention of the counts in issue to the junior party, William S. Tsuchiya ("Tsuchiya"), on the basis that the senior party, Donald M. Woods ("Woods"), was estopped from claiming the subject matter of the counts. We affirm.

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