Kroekel v. Shah

MARKEY, Chief Judge.

Senior party Kroekel appeals from the decision of the Patent and Trademark Office Board of Patent Interferences (board) in interference No. 98,607 awarding priority of invention to junior party Shah on the ground that Kroekel had no right to make the counts. We reverse.

This interference involves application serial No. 335,999,1 entitled “Unsaturated Polyester Resins Containing Cellulose Ester and Molded Articles Therefrom,” filed February 26, 1973, for reissue of Kroekel U.S. patent No. 3,642,672, which issued from application serial No. 878,920,2 filed November 21, 1969,…