Owen W. Griffith v. Tsuneo Kanamaru, Susumu Shinagawa, and Mitsuko Asai

NICHOLS, Senior Circuit Judge.

Owen W. Griffith (Griffith) appeals the decision of the Board of Patent Appeals and Interferences (board) (Patent Interference No. 101,562) that Griffith failed to establish a prima facie case that he is entitled to an award of priority against the filing date of Tsuneo Kanamaru, et al. (Kanamaru) for a patent on aminocarnitine compounds. We affirm.

Background

This patent interference case involves the application of Griffith, an Associate Professor in the Department of Biochemistry at Cornell University Medical College, for a patent on an aminocarnitine compound,…