Court of Customs and Patent Appeals November 9, 1978, Appeal No. 78-539 (Holmes v. Kelly)

MILLER, Judge.

This appeal is from the decision of the Patent and Trademark Office (“PTO”) Board of Patent Interferences (“board”) awarding priority of invention of the counts in issue to the junior party, Kelly et al. (“Kelly”). The counts were copied by Holmes et al. (“Holmes”)1 from Kelly’s patent No.