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COOPER v. GOLDFARB

No. 00-1046 (Interference No. 101,100).

240 F.3d 1378 (2001)

Peter B. COOPER, Appellant, v. David GOLDFARB, Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED March 2, 2001.

Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellant. With him on the brief were Albert J. Santorelli, Barbara C. McCurdy, and Howard A. Kwon.

D. Dennis Allegretti, Duane, Morris & Heckscher, of Boston, Massachusetts, argued for appellee. Of counsel on the brief were Lawrence M. Green, and Matthew B. Lowrie, Wolf, Greenfield & Sacks, P.C., of Boston, Massachusetts.

Before CLEVENGER, RADER, and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

This appeal involves a patent interference that is before us for the second time. Peter B. Cooper and David Goldfarb originally filed their patent applications in 1974. An interference was declared between the applications in 1983, and the Board issued a final decision in 1995, awarding priority to Goldfarb. The Board determined that, although Cooper was the first to conceive the invention at issue, which relates to the fibril length of certain...

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