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BOSIES v. BENEDICT

No. 93-1555.

27 F.3d 539 (1994)

Elmar BOSIES and Rudi Gall, Appellants, v. James J. BENEDICT and Christopher M. Perkins, Appellees.

United States Court of Appeals, Federal Circuit.

May 25, 1994.

Attorney(s) appearing for the Case

Norman D. Hanson, Felfe & Lynch, New York City, argued for appellants. With him on the brief were Peter F. Felfe and Andrew L. Tiajoloff.

David L. Sutter, The Proctor & Gamble Co., Miami Valley Laboratories, Cincinnati, OH, argued for appellees. With him on the brief were Joseph R. Papp, Michael P. Brennan and Eric M. Dobrusin, Harness, Dickey & Pierce, Troy, MI.

Before ARCHER, Chief Judge, PLAGER, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Elmar Bosies and Rudi Gall (Bosies) appeal from the June 30, 1993 decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences awarding priority in Interference No. 102,399 to James J. Benedict and Christopher M. Perkins (Benedict). Because the board erred as a matter of law in concluding that Benedict proved conception of the subject matter of the counts prior to Bosies' effective filing date, we reverse...

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