As Modified on Denial of Rehearing and Rehearing En Banc October 11, 1977.
CUMMINGS, Circuit Judge.
Plaintiff is a patentee and the owner of U.S. Patent No. 2,811,069 for an electrical musical instrument. The patent issued on October 29, 1957, from an application filed on March 3, 1951. It expired on October 29, 1974. Plaintiff prepared the patent application himself and prosecuted it on the merits pro se.
In 1973...
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