Hester v. Allgeier

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office Board of Patent Interferences (“board”) awarding priority of the subject matter of count 2 to the party Allgeier and Gagneux (“Allgeier”) based on its holding that counts 1 and 2, the only counts in interference, are patentably distinct. (Hester has been awarded priority on count 1.) We affirm.

BACKGROUND

This case is before the court for the second time.1 The interference 2 was origi*465nally declared on one count drawn to a chemical genus having central nervous system tranquilizing properties. During the motion…