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ADAIR v. CARTER

No. 2011-1212.

668 F.3d 1334 (2012)

John Robert ADAIR, Diljeet Singh Athwal, and John Spencer Emtage, Appellants, v. Paul J. CARTER and Leonard G. Presta, Appellees.

United States Court of Appeals, Federal Circuit.

February 7, 2012.

Attorney(s) appearing for the Case

Doreen Yatko Trujillo , Cozen O'Connor, P.C., of Philadelphia, PA, argued for appellants. With her on the brief was Kyle Vos Strache .

Oliver R. Ashe, Jr. , Ashe, P.C., of Reston, Virginia, argued for appellees. Of counsel on the brief were Jeffrey P. Kushan and Rachel H. Townsend , Sidley Austin, LLP, of Washington, DC.

Before RADER, Chief Judge, LINN and MOORE, Circuit Judges.

LINN, Circuit Judge.

Appellants John Robert Adair, Diljeet Singh Athwal, and John Spencer Emtage (collectively, "Adair") appeal a decision of the Board of Patent Appeals and Interferences ("Board") holding that Adair's single claim involved in Interference 105,744 with junior party Paul J. Carter and Leonard G. Presta (collectively, "Carter") was barred under 35 U.S.C. § 135(b)(1). Because the Board properly determined that Adair's claim was barred under §...

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