EVANS v. WATSON

No. 15118.

269 F.2d 775 (1959)

Merlin M. EVANS, Appellant, v. Robert C. WATSON, Commissioner of Patents, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 16, 1959.

Petition for Rehearing Denied September 23, 1959.


Attorney(s) appearing for the Case

Mr. Al Philip Kane, Washington, D. C., with whom Mr. Charles V. Koons, Washington, D. C., was on the brief, for appellant.

Mr. Donald B. MacGuineas, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, and Mr. Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellees.

Messrs. F. Trowbridge vom Baur, William B. Jones, Washington, D. C., James P. Hume, Chicago, Ill., Herbert E. Forrest, and Timothy J. May, Washington, D. C., filed a brief on behalf of the Special Committee of the American Bar Association, as amicus curiae, urging affirmance.

Messrs. Andrew B. Beveridge, Perry S. Patterson, and Raymond G. Larroca, Washington, D. C., filed a brief on behalf of the Bar Association of the District of Columbia, as amicus curiae, urging affirmance.

Messrs. C. Willard Hayes, William H. Webb, Washington, D. C., and Virgil E. Woodcock, Philadelphia, Pa., filed a brief on behalf of the American Patent Law Ass'n, as amicus curiae, urging affirmance.

Before EDGERTON, BAZELON and BASTIAN, Circuit Judges.


PER CURIAM.

Plaintiff (appellant) filed this action against the Commissioner of Patents and the Secretary of Commerce, defendants (appellees), in the District Court for declaratory judgment and injunction, asking that an amendment of Rule 1.345, Rules of Practice before the Patent Office, 35 U.S.C.A.Appendix, hereinafter set forth, be declared void. The complaint alleged that plaintiff is a nonlawyer, admitted since 1926 to practice before the Patent Office as a registered...

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