Stoudt v. Guggenheim
Court of Customs and Patent Appeals
1Opinion of the Court
MARKEY, Chief Judge.
The Patent and Trademark Office Board of Patent Interferences (board) awarded priority of the contested count to Bernhard Guggenheim and Hans-Rudolf Muhlemann (Guggenheim), the junior party, on the ground that Thomas H. Stoudt and Karl H. Nollstadt (Stoudt), the senior party, was estopped to contest the priority of the subject matter of the count. We reverse and remand.
Background
The Previous Interference
In an interference involving the same applications, priority was awarded to Guggenheim for the invention defined by these counts:
1. An enzyme capable of hydrolyzing a…
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