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SINGH v. BRAKE

No. 99-1259.

222 F.3d 1362 (2000)

Arjun SINGH, Appellant, v. Anthony J. BRAKE, Appellee.

United States Court of Appeals, Federal Circuit.

August 4, 2000.

Attorney(s) appearing for the Case

Steven B. Kelber, Long Aldridge & Norman, LLP, of Washington, DC, argued for appellant. With him on the brief was Sharon E. Crane.

Debra A. Shetka, Morrison & Foerster, LLP, of Palo Alto, California, argued for appellee. With her on the brief were Thomas E. Ciotti, and Catherine M. Polizzi; and Rachel Krevans, of San Francisco, California. Of counsel on the brief were Robert P. Blackburn, and Joseph H. Guth, Chiron Corporation, of Emeryville, California.

Before LOURIE, SCHALL, and GAJARSA, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring in the judgment filed by Circuit Judge GAJARSA.

LOURIE, Circuit Judge.

Arjun Singh appeals from the judgment of the United States Patent and Trademark Office Board of Patent Appeals and Interferences awarding priority of invention to Anthony J. Brake. See Singh v. Brake, Paper No. 164 (BPAI May 11, 1998). Because certain of the Board's key findings underlying its conclusion that...

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