United States Federal Circuit

In this interference proceeding, the Board of Patent Appeals and Interferences erred in granting appellee the benefit of a Japanese patent application; as a result, appellant has proved a constructive reduction to practice earlier in time than appellee.

Appellate Information

• Decided 05/04/2004
• Published 05/04/2004

Judges

• CLEVENGER, Circuit Judge., Before MICHEL, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Carl E. Moore, Jr.,Marshall, Gerstein & Borun LLP, of Chicago, Illinois, argued for appellant.   With him on the brief were Sandip H. Patel, Michael R. Weiner, and James P. Zeller.


• For Appellees:
  
• Edward F. Kenehan, Jr., Armstrong, Westerman & Hattori, LLP, of Washington, DC, argued for appellee.   With him on the brief was William F. Westerman.