Ciric v. Flanigen

MILLER, Judge.

This is an appeal by senior party-appellant from the decision of the Board of Patent Interferences 1 awarding priority to junior party-appellees on the basis of their actual reduction to practice prior to appellant’s earliest filing date. The only element of the actual reduction to practice challenged by appellant is utility. We affirm.

The interference involves novel synthetic crystalline zeolites described in a *1183count2 which does not specify any particular use. Consideration of the sole issue before us involves the properties of the known class of crystalline zeolites and the…