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GECHTER v. DAVIDSON

Nos. 96-1374, 96-1375.

116 F.3d 1454 (1997)

Jerry GECHTER, Robert L. Pokress, Jeffrey A. Fried, and G. Wayne Andrews, Appellants, v. Wayne A. DAVIDSON and Diana S. Winter, Cross-Appellants.

United States Court of Appeals, Federal Circuit.

June 12, 1997.

Attorney(s) appearing for the Case

William E. Booth, Fish & Richardson, P.C., Boston, MA, argued, for Appellants. Of counsel were Robert E. Hillman and Mary D. Mosley-Goren, Boston, MA, and Barry E. Bretschneider, Washington, D.C.

Charles L. Warren, Lucent Technologies Inc., Naperville, IL, argued, for Cross-Appellants. With him on the brief was Dennis J. Williamson.

Before MICHEL, LOURIE, and SCHALL, Circuit Judges.

MICHEL, Circuit Judge.

On October 26, 1995, the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board) issued a decision in Interference No. 103,051, finding that the independent claims corresponding to the count were unpatentable under 35 U.S.C. § 102 (1994) as anticipated by U.S. Patent No. 4,763,353 (Canale); the dependent claims fell by stipulation. Jerry Gechter, Robert...

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