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PERKINS v. KWON

89-1003.

886 F.2d 325 (1989)

Sonnie J. PERKINS, Appellant, v. Phil KWON, Appellee.

United States Court of Appeals, Federal Circuit.

September 22, 1989.

Attorney(s) appearing for the Case

Watson T. Scott, Cushman, Darby & Cushman, Washington, D.C., argued, for appellant. With him on the brief was Nancy J. Linck, Washington, D.C.

Fred E. McKelvey, Sol., Office of the Sol., Arlington, Va., argued for amicus curiae, Commissioner of Patents and Trademarks.

Before MARKEY, Chief Judge, COWEN, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Sonnie J. Perkins appeals the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences ("the Board"), which held that neither party to an interference proceeding between Perkins and Phil Kwon was entitled to a patent.1 The Board held Kwon to be the prior inventor, and cancelled the claims of Perkins' previously granted patent. 35 U.S.C. §§ 102(g) and 135...

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