Horwath v. Lee
Court of Customs and Patent Appeals
1Opinion of the Court
MARKEY, Chief Judge.
Appeal from the decision of the Board of Patent Interferences (board) awarding priority to Long under 35 U.S.C. § 102(g) because Horwath et al. (Horwath) suppressed or concealed the invention. We affirm.
Background
Horwath is junior by virtue of application serial No. 207,573 filed December 13, 1971, entitled “Process for Enzymatically Isomerizing Glucose to Fructose.” Lee et al. (Lee) are senior by virtue of patent No. 3,645,848 issued February 29, 1972, entitled “Process for Preparing Glucose Isomerase,” on application serial No. 877,474 filed November 17, *9491969. During…
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