No. 2011-1276.

681 F.3d 1351 (2012)

Shane C. HOLLMER and Lee E. Cleveland, Appellants, v. Eliyahou HARARI and Sanjay Mehrotra, Appellees.

United States Court of Appeals, Federal Circuit.

June 7, 2012.

Attorney(s) appearing for the Case

Deanne E. Maynard , Morrison & Foerster, LLP, of Washington, DC, argued for appellants. With her on the brief were Alexander J. Hadjis and Kristin L. Yohannan; and Gregory W. Reilly , of San Diego, CA. Of counsel on the brief were Martin C. Fliesler and Joseph P. O'Malley , Fliesler Meyer LLP, of San Francisco, CA.

William A. Birdwell , Davis Wright Tremaine, LLP, of Portland, OR, argued for appellees. With him on the brief were Timothy R. Volpert and Scott E. Warnick.

Before PROST, MAYER, and O'MALLEY, Circuit Judges.

PROST, Circuit Judge.

This case is a second appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences ("Board") involving Patent Interference No. 105,606(JL) between Eliyahou Harari and Sanjay Mehrotra (collectively "Harari"), named inventors on pending U.S. Patent Application No. 09/310,880 ("'880 application"), and Shane C. Hollmer and Lee E. Cleveland (collectively "Hollmer"), named inventors on U.S. Patent No. 5,828,601...

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