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FARRAND OPTICAL CO. v. UNITED STATES

No. 314, Docket 27333.

317 F.2d 875 (1962)

FARRAND OPTICAL CO., Inc., Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 19, 1962.

March 27, 1963.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Barrows & Taylor, New York City (Willis H. Taylor, Jr., John T. Farley, New York City, of counsel), for plaintiff-appellant.

Robert M. Morgenthau, U. S. Atty., S.D.N.Y. (David R. Hyde, David Klingsberg, Robert E. Kushner, Asst. U. S. Attys., of counsel), for defendant-appellant.

Before CLARK, WATERMAN and MOORE, Circuit Judges.

On Petition for Rehearing in Banc in No. 263, Docket 27333.

WATERMAN, Circuit Judge.

The Invention Secrecy Act of 1951, 35 U.S.C. §§ 181-188, authorizes the Commissioner of Patents to delay the grant of a patent on an invention the disclosure of which might be detrimental to the national security. When he believes such a danger to exist, the Commissioner is directed to "make the application for patent in which such invention is disclosed available...

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