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IN RE SULLIVAN

No. 03-1278, Interference No. 104,818.

362 F.3d 1324 (2004)

In re Jeffrey M. SULLIVAN and Daniel Anthony Gately.

United States Court of Appeals, Federal Circuit.

Precedential Opinion Issued: March 22, 2004.

Attorney(s) appearing for the Case

Edward S. Irons, of Washington, DC, for appellants.

John M. Whealan, Solicitor, Office of the Solicitor, of Arlington, VA, for appellee. With him on the brief were Linda Moncys-Isacson and Henry G. Sawtelle, Associate Solicitors.

Before LINN, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

LINN, Circuit Judge.

Jeffrey M. Sullivan and Daniel Anthony Gately (collectively "Sullivan") appeal from a decision by the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office, in which the Board entered judgment on priority against Sullivan. Sullivan v. Bingel, 2003 WL 1202245 (Bd.Pat.App & Interf.2003) ("Final Judgment"). Because the Board's conclusion that Sullivan's concession on priority allowed the interference...

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