Berges v. Gottstein

RICH, Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority on a single count *772to Gottstein et al. (Gottstein), the senior party. We reverse.

This interference involves two applications, serial No. 536,760, filed by appellant Berges December 27, 1974, for “7 Acyl — 3-(Substituted Tetrazolyl Thiomethyl) Cephalosporins and Intermediates for the Preparation Thereof” and serial No. 590,971, filed by appellee Gottstein on June 27, 1975, for “Antibacterial Agents.” Appellee was accorded the benefit of an…