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UTTER v. HIRAGA

No. 87-1531.

845 F.2d 993 (1988)

UTTER, Appellant, v. HIRAGA et al., Appellees.

United States Court of Appeals, Federal Circuit.

April 28, 1988.

Attorney(s) appearing for the Case

William M. Wesley, Neuman, Williams, Anderson & Olson, Chicago, Ill., argued for appellant. With him on the brief were Theodore W. Anderson, John J. Cavanaugh and Robert W. Fieseler.

Scott F. Partridge, Banner, Birch, McKie & Beckett, Washington, D.C., argued for appellees. With him on the brief were James A. Niegowski and Joseph M. Skerpon.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.

MARKEY, Chief Judge.

Utter appeals from a decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board), awarding priority of invention to Hiraga et al., the senior party, in Interference No. 101,068 ('068 interference). Hiraga moved to dismiss the appeal, saying an agreement between the parties precluded Utter from appealing the board's decision. We deny Hiraga's motion to dismiss and affirm the board's decision...

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