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HENKEL CORP. v. PROCTER & GAMBLE CO.

No. 2008-1447.

560 F.3d 1286 (2009)

HENKEL CORPORATION, Appellant, v. The PROCTER & GAMBLE COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

March 18, 2009.

Attorney(s) appearing for the Case

Rudolf E. Hutz, Connolly Bove Lodge & Hutz LLP, of Wilmington, DE, argued for appellant. With him on the brief were Mark E. Freeman, and Aaron R. Ettelman.

Mark A. Charles, The Proctor & Gamble Company, of Cincinnati, OH, argued for appellee.

Before LINN, PROST, and MOORE, Circuit Judges.

LINN, Circuit Judge.

Henkel Corporation ("Henkel") appeals from a final decision of the Board of Patent Appeals and Interferences ("the Board"), Henkel Corp. v. Procter & Gamble Co., Patent Interference No. 105,174 (B.P.A.I. Mar. 28, 2008) ("Board Decision"), which awarded priority of invention to The Procter & Gamble Company ("P & G"). Because the Board's decision is supported by substantial evidence, we affirm.

I. BACKGROUND...

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