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MONACO v. WATSON

No. 14937.

270 F.2d 335 (1959)

Ugo MONACO and Montecatini Societa Generale Per L'Industria Mineraria E Chimica Anonima, Appellants v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 27, 1959.

Attorney(s) appearing for the Case

Mr. Harry A. Toulmin, Jr., Washington, D. C., with whom Mr. F. E. Drummond, Washington, D. C., was on the brief, for appellants.

Mr. George C. Roeming, Atty., U. S. Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee.

Before EDGERTON, FAHY, and BURGER, Circuit Judges.

PER CURIAM.

Appellants had been the losing parties in a Patent Office proceeding in which the board of patent interferences adjudged a different applicant, Paul H. Hoffman, to be the prior inventor. Instead of appealing to the Court of Customs and Patent Appeals, appellants elected to sue in the District Court under 35 U.S.C. § 146 to require the Commissioner to issue the patent to them. That suit is pending in the District Court and is not before us. In a second...

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