Stephen P. Troy, Jr. appeals from the district court’s judgment in a civil action under 35 U.S.C. § 146 and challenges the court’s conclusion that the Board of Patent Appeals and Interferences (Board) properly cancelled the claims of U.S. Patent No. 7,216,451 (’451 patent) in an interference proceeding with Samson Manufacturing Corp. (Samson). Because the district court erred in refusing to consider evidence pertinent to the determination of priority, we vacate and remand.
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