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PRICE v. SYMSEK

No. 91-1509.

988 F.2d 1187 (1993)

Richard C. PRICE, Appellant, v. Dale R. SYMSEK, et al., Appellee.

United States Court of Appeals, Federal Circuit.

March 11, 1993.

Attorney(s) appearing for the Case

Lynn J. Alstadt, Buchanan Ingersoll, P.C., Pittsburgh, PA, argued, for appellant. With him on the brief, was Michael L. Dever.

Donald M. Satina, USX Corp., Pittsburgh, PA, submitted, for appellee.

Before NIES, Chief Judge, ARCHER and MAYER, Circuit Judges.

NIES, Chief Judge.

Richard C. Price appeals from the August 7, 1991, decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences, awarding the subject matter of the count in Patent Interference No. 102,101 to Dale R. Symsek and Nancy P. Regelin (collectively "Symsek"). The board's decision is vacated and the case is remanded to the board.

I.

BACKGROUND

On February 1, 1985, Symsek and Regelin, two...

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