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UNITED MERCHANTS AND MANUFACTURERS, INC. v. LADD

Civ. A. No. 1818-62.

223 F.Supp. 98 (1963)

UNITED MERCHANTS AND MANUFACTURERS, INC., Plaintiff, v. David L. LADD, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

October 31, 1963.

Attorney(s) appearing for the Case

Martin T. Fisher, Eugene Sabol, Washington, D. C., for plaintiff.

Clarence W. Moore, Sol., U. S. Patent Office, Washington, D. C., for defendant.

JACKSON, Judge.

On August 9, 1954, David Silman, filed his application in the Patent Office, Serial No. 448,655, entitled "Surface Coverings". The plaintiff herein, assignee of David Silman, duly filed this action under Section 145 of 35 U.S.C. praying that defendant, Commissioner of Patents, be authorized to grant a patent on all of the claims of that application.

At the trial, counsel for plaintiff moved to dismiss the Complaint as to claims 1 to 4, and...

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