Court of Customs and Patent Appeals January 26, 1978, Appeal No. 77-557 (Weil v. Fritz)

BALDWIN, Judge.

This is an appeal by Weil,1 the junior party, from the decision of the Patent and Trademark Office Board of Patent Interferences (board) which awarded priority of invention to Fritz et al. (Fritz),2 ruling that Fritz was entitled to the benefit of an earlier application with a filing date before the earliest date asserted by Weil, his filing date. We reverse and remand.