Robert S. Kravig and Arnold E. Johnson v. David J. Henderson

RICH, Judge.

This case is here on Kravig’s petition for further review, having been previously before us as reported at 362 F.2d 1015, 53 CCPA 1534, to which reference is made for background. The parties re-briefed the case in March 1968 and re-argued it on April 3, 1968.

In the opinion by the late Judge Martin, July 14, 1966, we reported our unanimous decision to reverse the award of priority by the Board of Patent Interferences to Henderson on counts 3 and 6 and to remand to the board on those counts. On remand, the board awarded priority to Kravig. As to counts 1 and 2, however, we affirmed…