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HITZEMAN v. RUTTER

Nos. 99-1604, 99-1605. (Interference No. 102,416) (Interference No. 102,989)

243 F.3d 1345 (2001)

Ronald A. HITZEMAN, Arthur D. Levinson, and Daniel G. Yansura, Appellants, v. William J. RUTTER, Pablo D.T. Valenzuela, Benjamin D. Hall, and Gustav Ammerer, Appellees. Ronald A. Hitzeman, Arthur D. Levinson, and Daniel G. Yansura, Appellants, v. William J. Rutter, Pablo D.T. Valenzuela, Benjamin D. Hall and Gustav Ammerer, Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 18, 2001.

Attorney(s) appearing for the Case

R. Danny Huntington, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for appellants. With him on the brief were Donna M. Meuth, and Bruce T. Wieder.

Debra A. Shetka, Morrison & Foerster, L.L.P., of Palo Alto, CA, argued for appellees in 99-1604. Gladys H. Monroy, Morrison & Foerster, L.L.P., of Palo Alto, CA, argued for appellees in 99-1605. With them on the brief were Emily A. Evans, and Catherine M. Polizzi. Of counsel was Karl J. Kramer. Of counsel on the brief were P. Martin Simpson, Jr., and Sandra S. Schultz, The University of California, Office of General Counsel, of Oakland, CA.

Before MICHEL, LINN, and DYK, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 18, 2001.

MICHEL, Circuit Judge.

This is a patent interference case. Ronald Hitzeman, Arthur Levinson, and Daniel Yansura (collectively, "the Hitzeman inventors" or "Hitzeman") are the junior parties in the two interferences at issue. William Rutter, Pablo Valenzuela, Benjamin Hall, and Gustav Ammerer (collectively, "the Rutter inventors" or "Rutter") are the senior parties. On July 30, 1990, the United States Patent...

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