HAHN v. WONG

No. 89-1364.

892 F.2d 1028 (1989)

HAHN, et al., Appellants, v. WONG, Appellee.

United States Court of Appeals, Federal Circuit.

December 28, 1989.


Attorney(s) appearing for the Case

Philip D. Sheperd of Dow Chemical Co., Midland, Mich., argued for appellants. With him on the brief was Bernd W. Sandt.

M.P. Haddican of Shell Oil Co., Houston, Tex., argued for appellee. With her on the brief was Douglas Baldwin.

Before BALDWIN and FRIEDMAN, Senior Circuit Judges, and MAYER, Circuit Judge.


FRIEDMAN, Senior Circuit Judge.

This is an appeal from the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (Board) that entered summary judgment in an interference because in his initial filing, the party who initiated the interference had not made a prima facie showing of reduction to practice. The Board also refused to consider the additional evidence the party subsequently submitted to bolster his claim...

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