SCOTT v. FINNEY

No. 94-1090.

34 F.3d 1058 (1994)

F. Brantley SCOTT and John H. Burton, Appellants, v. Roy P. FINNEY, Appellee.

United States Court of Appeals, Federal Circuit.

September 14, 1994.


Attorney(s) appearing for the Case

Rudolph E. Hutz, Connolly, Bove, Lodge & Hutz, Wilmington, DE, argued, for appellants. With him on the brief was Harold Pezzner.

Thad F. Kryshak, Quarles & Brady, Milwaukee, WI, argued, for appellee. With him on the brief was Thomas W. Ehrmann.

Before LOURIE, RADER, and SCHALL, Circuit Judges.


RADER, Circuit Judge.

The Board of Patent Appeals and Interferences awarded priority in Interference No. 102,429 to the senior party, Dr. Roy P. Finney. The Board held that the junior party, Dr. F. Brantley Scott and John H. Burton, did not show a reduction to practice before Dr. Finney's date of invention. Because the Board imposed an overly strict requirement for testing to show reduction to practice, this court reverses and remands.

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