IN RE JOLLEY

No. 01-1646.

308 F.3d 1317 (2002)

In re Scott T. JOLLEY.

United States Court of Appeals, Federal Circuit.

DECIDED: October 29, 2002.


Attorney(s) appearing for the Case

Donald Edward Scott, Bartlit Beck Herman Palenchar & Scott, of Denver, Colorado, argued for appellant. With him on the brief was Jason L. Peltz, of Chicago, Illinois. Of counsel on the brief was Susan J. Mack, Sughrue Mion Zinn Macpeak & Seas, P.L.L.C., of Washington, DC. Of counsel were Mary Szews Moore, Bartlit Beck Herman Palenchar & Scott, of Chicago, Illinois; and Thomas J. Macpeak, Sughrue Mion Zinn Macpeak & Seas, P.L.L.C., of Washington, DC.

Stephen Walsh, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief were John M. Whealan, Solicitor; Linda Moncys Isacson, Associate Solicitor; and Mark Nagumo, Associate Solicitor.

Before MICHEL, CLEVENGER, and BRYSON, Circuit Judges.


CLEVENGER, Circuit Judge.

Scott T. Jolley appeals the decision of the Patent and Trademark Office Board of Patent Appeals and Interferences granting priority of invention to Phillip W. McGraw, Eldon L. Ward, and Michael W. Edens ("McGraw") on the basis of an earlier conception and diligence toward a later reduction to practice in combined Interferences 103,525 and 103,526. We find the Board's factual determinations supported by substantial evidence and its legal conclusions...

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