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ANDERSON v. PIEPER

Patent Appeal No. 8476.

442 F.2d 982 (1971)

Arthur William ANDERSON and William Lawrence Truett, Appellants, v. Gustav PIEPER, Hans Rickert and Eberhard Stein, Appellees.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 15, 1971.

Attorney(s) appearing for the Case

Herbert W. Larson, Wilmington, Del., attorney of record, for appellants; A. Newton Huff, Wilmington, Del., James T. Corle, Arlington, Va., of counsel.

Burgess, Dinklage & Sprung, New York City, for appellees; Arnold Sprung, New York City, of counsel.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and SKELTON, Judge, United States Court of Claims, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Board of Patent Interferences awarding priority to appellees (hereafter Pieper) on the following count:

1. A process for the production of a solid polyethylene which comprises (1) reducing titanium tetrachloride with aluminum and (2) contacting ethylene with a catalyst consisting of the product of step (1).

Appellants (hereafter Anderson) were in a position junior to Pieper, Anderson's application...

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