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LUTZKER v. PLET

No. 87-1320.

843 F.2d 1364 (1988)

Robert S. LUTZKER, Appellant, v. Catherine PLET, Appellee.

United States Court of Appeals, Federal Circuit.

April 6, 1988.

Attorney(s) appearing for the Case

John Kurucz, Kane, Dalsimer, Kane, Sullivan and Kurucz, New York City, argued for appellant.

Bradford J. Duft, Lyon and Lyon, Los Angeles, Cal., argued for appellee.

Before SMITH, NIES and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

This is an appeal from the decision of the United States Patent and Trademark Office, Board of Patent Appeals and Interferences (Board), awarding priority of invention to the senior party, Catherine Plet (Plet), on the ground that the junior party, Robert S. Lutzker (Lutzker), had suppressed or concealed the invention within the meaning of 35 U.S.C. § 102(g) (1982) and on the ground that Lutzker failed to comply with the duty of disclosure...

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