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HAZELTINE RESEARCH, INC. v. LADD

No. 18563.

340 F.2d 786 (1964)

HAZELTINE RESEARCH, INC., et al., Appellants, v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 25, 1964.

Certiorari Granted April 5, 1965.

Attorney(s) appearing for the Case

Mr. Edward A. Ruestow, Little Neck, N. Y., with whom Mr. George R. Jones, Washington, D. C., was on the brief, for appellants.

Mr. S. William Cochran, Atty., Washington, D. C., with whom Mr. C. W. Moore, Sol., was on the brief, for appellee.

Before BASTIAN, WRIGHT and McGOWAN, Circuit Judges.

Certiorari Granted April 5, 1965. See 85 S.Ct. 1108.

PER CURIAM.

The question involved in this case is whether a copending patent is part of the "prior art" within the meaning of that term as used in 35 U.S.C. § 103, and whether a copending patent is a bar to a patent application only if it actually describes the invention for which patent is sought.

Having been unsuccessful in the Patent Office in their...

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