Hester v. Allgeier

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office (“PTO”) Board of Patent Interferences (“board”) which awarded priority of count 2 to senior party Allgeier et al. (“Allgeier”). We vacate and remand.

BACKGROUND

Count 1

The applications in interference1 relate to central nervous system tranquilizers in a class known as triazolo benzodiazepines (“triazolos”). The generic triazolo known in the prior art is represented by the structural formula shown below:

H3C-C1 N

*514The interference was declared on only count l,2 drawn to a triazolo genus. The compounds of genus…