Robert E. Parks and Robert L. Marietta v. David H. Fine

ON RECONSIDERATION

FRIEDMAN, Circuit Judge.

In Parks v. Fine, 773 F.2d 1577, 227 USPQ 432 (Fed.Cir.1985), we reviewed a decision of the Patent and Trademark Office Board of Patent Interferences (Board) which, following a request to dissolve an interference between U.S. Patent No. 4,018,562 (Parks patent) and application Serial No. 512,374 filed by Fine, awarded the Fine application priority over the Parks patent. We reversed the Board’s decision not to dissolve the interference, held that accordingly there was no occasion to award priority to either party, and therefore vacated that portion of…