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BRAND v. MILLER

No. 2006-1419.

487 F.3d 862 (2007)

Robert D. BRAND, Capital Machine Co., Inc., and Indiana Forge, LLC, Appellants, v. Thomas A. MILLER, Darrel C. Pinkston, and Miller Veneers, Inc., Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 8, 2007.

Attorney(s) appearing for the Case

Meredith Martin Addy, Brinks Hofer Gilson & Lione, of Chicago, IL, argued for appellants. With him on the brief was Raymond W. Green.

Clifford W. Browning, Krieg Devault LLP, of Indianapolis, IN, argued for appellees.

Before MICHEL, Chief Judge, ARCHER, Senior Judge, and DYK, Circuit Judge.

DYK, Circuit Judge.

Appellants Robert D. Brand, Capital Machine Co., Inc. and Indiana Forge, LLC ("Brand") appeal from the judgment of the Board of Patent Appeals and Interferences ("Board") of the U.S. Patent and Trademark Office ("PTO") in Interference No. 105,215, entering judgment for appellees Thomas A. Miller, Darrel C. Pinkston, and Miller Veneers, Inc. ("Miller") on the issue of priority. The Board concluded that Brand derived the subject matter of the single...

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