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STEVENS v. TAMAI

Nos. 03-1479, 103,662.

366 F.3d 1325 (2004)

Christopher J. STEVENS, Appellant, v. Shigeru TAMAI, Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied June 10, 2004.

Attorney(s) appearing for the Case

Carl E. Moore, Jr., Marshall, Gerstein & Borun LLP, of Chicago, Illinois, argued for appellant. With him on the brief were Sandip H. Patel, Michael R. Weiner, and James P. Zeller.

Edward F. Kenehan, Jr., Armstrong, Westerman & Hattori, LLP, of Washington, DC, argued for appellee. With him on the brief was William F. Westerman.

Before MICHEL, CLEVENGER, and SCHALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 10, 2004.

CLEVENGER, Circuit Judge.

Christopher J. Stevens appeals a final decision of the United States Patent Office Board of Patent Appeals and Interferences ("Board") granting priority in an interference proceeding to Shigeru Tamai. Because the Board erred in granting Shigeru Tamai the benefit of Japanese Patent Application No. 3-068371, we reverse.

I

Christopher J. Stevens ("Stevens") and Shigeru...

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