CONSTANT v. UNITED STATES

No. 406-78.

617 F.2d 239 (1980)

James N. CONSTANT v. The UNITED STATES.

United States Court of Claims.

March 19, 1980.


Attorney(s) appearing for the Case

Ira M. Siegel, Beverly Hills, Cal., for plaintiff; Irvin A. Lavine, Washington, D. C., atty. of record. Lavine & Jackson, Washington, D. C., Norman Zafman, and Blakely, Sokoloff, Taylor & Zafman, Beverly Hills, Cal., of counsel.

William O. Geny, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant. Donald E. Townsend, Vito J. DiPietro and Herbert Berl, Washington, D. C., of counsel.

Before DAVIS, BENNETT and SMITH, Judges.


ON DEFENDANT'S MOTION TO DISMISS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT

DAVIS, Judge:

Chapter 17 of the Patent Act of 1952,1 66 Stat. 805, 35 U.S.C. §§ 181 et seq., authorizes the Commissioner of Patents and Trademarks, when a patent application has been filed and the publication or disclosure of the invention by the grant of a patent might be detrimental to the national security,

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