SEWALL v. WALTERS

No. 93-1230.

21 F.3d 411 (1994)

Jeffrey R. SEWALL and Ronald G. Walters, Appellants, v. Ronald G. WALTERS, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 19, 1994.


Attorney(s) appearing for the Case

Daniel W. McDonald, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., Minneapolis, MN, argued for appellants.

James P. O'Shaughnessy, Foley & Lardner, Milwaukee, WI, argued for appellee. With him on the brief was E. John Brzytwa, Cavitch, Familo & Durkin Co., L.P.A., Cleveland, OH.

Before ARCHER, Chief Judge, RICH, Circuit Judge, and LAY, Senior Circuit Judge.


RICH, Circuit Judge.

Sewall, et. al. (Sewall) appeals from the December 11, 1992, decision of the Board of Patent Appeals and Interferences (Board) of the United States Patent and Trademark Office (PTO), awarding the subject matter of the sole count in issue to Ronald G. Walters on the basis that he is the sole inventor of that subject matter. Consistent with our discussion below, we affirm.

I. BACKGROUND

A. The Count

The...

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