ROBITSCHEK v. TAPAS

No. 61 C 1433.

200 F.Supp. 588 (1961)

Paul ROBITSCHEK, Junior Party, v. John C. TAPAS and Israel J. Dissen, Senior Party.

United States District Court N. D. Illinois, E. D.

December 7, 1961.


Attorney(s) appearing for the Case

Dean Laurence, Washington, D. C., Edward C. Grelle, Brown, Jackson, Boettcher & Dienner, Chicago, Ill., for Robitschek.

Albert E. Jenner, Jr., and Thomas P. Sullivan, Thompson, Raymond, Mayer, Jenner & Bloomstein, Chicago, Ill., James M. Parker, Gary, Desmond & Parker, Chicago, Ill., for Tapas and Dissen.


ROBSON, District Judge.

This proceeding arose from an application to this Court for the issuance of a special subpoena for the taking of testimony in a contested case in the Patent Office. The action now pending in the Patent Office is a patent interference in which the two applications of the parties herein made the same claim. The Patent Office procedural rules for the conduct of such actions provide that the party whose application was first filed, the senior party...

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