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PAULIK v. RIZKALLA

Appeal No. 86-824.

796 F.2d 456 (1986)

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

United States Court of Appeals, Federal Circuit.

July 21, 1986.

Attorney(s) appearing for the Case

James H. Laughlin, Jr., Benoit, Smith & Laughlin, Arlington, Va., argued for appellant. With him on brief was Wendell W. Brooks, Monsanto Co., St. Louis, Mo.

Harold N. Wells and William C. Long, The Halcon SD Group, Inc., Montvale, N.J., submitted for appellee.

Before FRIEDMAN, DAVIS, and NEWMAN, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from a decision of the Patent and Trademark Office Board of Patent Appeals and Interferences (Board) which, on remand from this court's decision in Paulik v. Rizkalla, 760 F.2d 1270, 226 USPQ 224 (Fed.Cir.1985), again awarded priority in this interference proceeding to Rizkalla. We vacate and remand.

I

A. The following facts pertinent to the issue before us were stated...

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