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SCHULZE v. GREEN

No. 97-1219, Interference No. 103,319.

136 F.3d 786 (1998)

Dale R. SCHULZE and Jon A. Sherman, Appellants, v. David T. GREEN, Henry Bolanos, Robert J. Geiste, Wayne P. Young, Stephen W. Gerry and Frank M. Rende, III, Appellees.

United States Court of Appeals, Federal Circuit.

February 13, 1998.

Attorney(s) appearing for the Case

Keith V. Rockey, Dressler, Rockey, Milnamow & Katz, Ltd., Chicago, IL, argued, for appellants. With him on the brief were John P. Milnamow and Stephen D. Geimer.

Drew M. Wintringham, Chadbourne & Parke, LLP, New York City, argued, for appellees. With him on the brief was Eric J. Lobenfeld. Of counsel on the brief were Rocco S. Barrese, Dilworth & Barrese, Uniondale, NY, and John C. Andres and Neil D. Gershon, United States Surgical Corporation, Norwalk, CT.

Before MICHEL, LOURIE and RADER, Circuit Judges.

MICHEL, Circuit Judge.

Dale R. Schulze and Jon A. Sherman (collectively, "Appellants") appeal the decision of the Patent and Trademark Office's (the "PTO's") Board of Patent Appeals and Interferences (the "Board") entering final judgment against them in an interference on the ground of unpatentability under 35 U.S.C. § 102(f). Green v. Schulze, Interference No. 103,319 (B.P.A.I. Nov. 7, 1996) (decision on Final Hearing). Judgment was rendered against Appellants...

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