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SHU-HUI CHEN v. BOUCHARD

No. 03-1037.

347 F.3d 1299 (2003)

SHU-HUI CHEN and Vittorio Farina, Appellants, v. Herve BOUCHARD, Jean-Dominique Bourzat, and Alain Commercon, Appellees.

United States Court of Appeals, Federal Circuit.

Decided: October 22, 2003.

Attorney(s) appearing for the Case

Erroll B. Taylor, Fitzpatrick, Cella, Harper & Scinto, of New York, New York, argued for appellants. With him on the brief were Lisa B. Pensabene; and John W. Behringer, Fitzpatrick, Cella, Harper & Scinto, of Washington, DC.

Thomas L. Irving, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellees. With him on the brief were Herbert H. Mintz, Timothy B. Donaldson, Sanya Sukduang, and Ester H. Lim. Of counsel on the brief was Ross J. Oehler, Aventis Pharmaceutical Inc., of Bridgewater, New Jersey.

Before NEWMAN, LOURIE, and SCHALL, Circuit Judges.

Opinion for the court filed by Circuit Judge LOURIE. Opinion dissenting in part filed by Circuit Judge PAULINE NEWMAN.

LOURIE, Circuit Judge.

Shu-Hui Chen and Vittorio Farina (collectively "Chen") appeal from the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences awarding judgment to appellees Hervé Bouchard, Jean-Dominique Bourzat, and Alain Commerçon

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