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MARTIN v. MAYER

No. 87-1073.

823 F.2d 500 (1987)

Albert R. MARTIN, Appellant, v. Ferdy P. MAYER, Appellee.

United States Court of Appeals, Federal Circuit.

June 30, 1987.

Attorney(s) appearing for the Case

Herbert H. Mintz, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for appellant. With him on the brief was Jerry D. Voight.

Steven B. Kelber, Oblon, Fisher, Spivak, McClelland & Mair, P.C., Arlington, Va., argued for appellee.

Before DAVIS, Circuit Judge, NICHOLS, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Albert R. Martin appeals that part of the decision of the Board of Patent Appeals and Interferences (the "Board") relating to priority of invention of count 6 of Interference No. 101,182, between Martin's U.S. Patent No. 4,347,487 filed November 25, 1980, and appellee Ferdy P. Mayer's patent application Serial No. 202,654 filed October 31, 1980. Mayer is the senior party, having an effective filing date of March 12, 1979. The question...

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