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PARKS v. FINE

Appeal No. 85-757.

773 F.2d 1577 (1985)

Robert E. PARKS and Robert L. Marietta, Appellants, v. David H. FINE, Appellee.

United States Court of Appeals, Federal Circuit.

October 9, 1985.

Attorney(s) appearing for the Case

Donald Gunn, Gunn, Lee & Jackson, Houston, Tex., argued for appellants.

Anthony M. Lorusso, Pahl, Lorusso & Loud, Boston, Mass., argued for appellee. With him on brief was George A. Loud.

Before FRIEDMAN, Circuit Judge, COWEN, Senior Circuit Judge, and KASHIWA, Circuit Judge.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Patent and Trademark Office Board of Patent Interferences (Board), refusing to dissolve an interference between U.S. Patent No. 4,018,562 (Parks patent) and application Serial No. 512,374 filed by Fine and awarding priority to the Fine application over the Parks patent. The decision not to dissolve the interference is reversed and the award of priority to the Fine application is vacated.

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