No. 05-1324.

448 F.3d 1357 (2006)

FALKO-GUNTER FALKNER, Georg Holzer, and Friedrich Dorner, Appellants, v. Stephen C. INGLIS, Michael E.G. Boursnell, and Anthony C. Minson, Appellees.

United States Court of Appeals, Federal Circuit.

May 26, 2006.

Attorney(s) appearing for the Case

John P. Isacson, Heller Ehrman LLP, of Washington, DC, argued for appellants. With him on the brief was Paul M. Booth.

Robert G. McMorrow, Jr., Connolly Bove Lodge & Hutz LLP, of Wilmington, Delaware, argued for appellee.

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

GAJARSA, Circuit Judge.

This is an appeal from a decision of the Board of Patent Appeals and Interferences ("Board") in Interference No. 105,187, declared on December 24, 2003, between Falkner et al., U.S. Patent No. 5,770,212 ("the Falkner '212 patent") and Inglis et al., U.S. Application Serial No. 08/459,040 ("the Inglis '040 application"). The Administrative Patent Judge (APJ) designated Inglis as the senior party. On December 29, 2004, the Board...

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