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BEY v. KOLLONITSCH

Appeal No. 86-809.

806 F.2d 1024 (1986)

Philippe BEY and Michel Jung, Appellants, v. Janos KOLLONITSCH and Arthur A. Patchett, Appellees.

United States Court of Appeals, Federal Circuit.

November 28, 1986.

Attorney(s) appearing for the Case

Frederick F. Calvetti, Stevens, Davis, Miller & Mosher, of Alexandria, Va., argued for appellant. With him on the brief was Albert Tockman. Also on the brief was Gary Street and Raymond A. McDonald, Merrell Dow Pharmaceuticals, Inc., Cincinatti, Ohio.

Hesna J. Pfeiffer, Merck & Co., Inc., of Rahway, N.J., argued for appellees. With him on the brief was Charles M. Caruso.

Before MARKEY, Chief Judge, and SMITH and ARCHER, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

The final decision of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board), Interference No. 100,988, awarding priority of invention to Janos Kollonitsch and Arthur A. Patchett (Kollonitsch) over Philippe Bey and Michel Jung (Bey), is reversed.

Issue

The issue is whether the board erred in holding that Bey had not established diligence based on his attorney's work on related...

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