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WALDEMAR LINK GmbH & CO. v. OSTEONICS CORP.

No. 94-1046.

32 F.3d 556 (1994)

WALDEMAR LINK, GmbH & CO., Plaintiff-Appellant, v. OSTEONICS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 1994.

Attorney(s) appearing for the Case

William R. Murphy, Tyler, Cooper & Alcorn, New Haven, CT, argued, for plaintiff-appellant. With him on the brief was Guy D. Yale, Chilton, Alix & Van Kirk, Hartford, CT.

William L. Mentlik, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, NJ, argued, for defendant-appellee. With him on the brief was Roy H. Wepner. Of counsel were Joseph S. Littenberg and Keith E. Gilman.

Before ARCHER, Chief Judge, LOURIE and RADER, Circuit Judges.

RADER, Circuit Judge.

Waldemar Link (Link) appeals the decision of the United States District Court for the District of New Jersey, estopping Link from obtaining a priority date for certain claims of Application Serial No. 472,853 (the '853 parent) which became U.S. Patent No. 4,698,063 (the '063 patent). Because Link's actions do not create an estoppel, this court reverses and remands.

Background

On March 7, 1983, Link filed an application...

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