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FRAZER v. SCHLEGEL

No. 2006-1154.

498 F.3d 1283 (2007)

Ian FRAZER and Jian Zhou, Appellants, v. C. Richard SCHLEGEL and A. Bennett Jenson, Appellees.

United States Court of Appeals, Federal Circuit.

August 20, 2007.

Attorney(s) appearing for the Case

Beth A. Burrous, Foley & Lardner, LLP, of Washington, DC, argued for appellants. With her on the brief was Courtenay C. Brinckerhoff.

Elliot M. Olstein, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, of Roseland, NJ, argued for appellees. With him on the brief were Raymond J. Lillie, Alan J. Grant, and Kenneth L. Winters.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

NEWMAN, Circuit Judge.

Dr. Ian Frazer and Dr. Jian Zhou (together the interference party "Frazer") appeal the decision of the United States Patent and Trademark Office, Board of Patent Appeals and Interferences ("the Board") awarding priority to Dr. C. Richard Schlegel and Dr. A. Bennett Jenson (together the interference party "Schlegel").1 The interference is between Frazer's United States patent application Serial

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