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GERRITSEN v. SHIRAI

No. 91-1480.

979 F.2d 1524 (1992)

Jan GERRITSEN and Johannes C.J. Aerts, Appellants, v. Shoji SHIRAI, Masakzu Fukushima, Satoru Miyamoto and Masahiro Miyazaki, Appellees.

United States Court of Appeals, Federal Circuit.

November 19, 1992.

Attorney(s) appearing for the Case

Jack E. Haken, U.S. Philips Corp., Tarrytown, N.Y., argued, for appellants.

Fred E. McKelvey, Sol., U.S. Patent & Trademark Office, Arlington, Va., argued, for amicus curiae, Com'r of Patents & Trademarks. With him on the brief was Murriel E. Crawford, Associate Sol. Of counsel was James T. Carmichael.

Before MICHEL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

MICHEL, Circuit Judge.

Jan Gerritsen and Johannes C. J. Aerts are the named inventors in United States Patent No. RE 33,592 (the RE '592 patent), which is directed to a color display tube comprising an in-line electron gun. Gerritsen and Aerts appeal that portion of the August 6, 1991 decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), Interference No. 102,103, concluding that they did not comply with...

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