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JUSTHEIM v. LADD

No. 19243.

353 F.2d 902 (1965)

Clarence I. JUSTHEIM, Appellant, v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 10, 1965.

Attorney(s) appearing for the Case

Mr. Philip A. Mallinckrodt, Salt Lake City, Utah, of the bar of the Supreme Court of Utah, pro hac vice, by special leave of court, with whom Mr. George A. Arkwright, Washington, D. C., was on the brief.

Mr. Joseph Schimmel, Atty., Washington, D. C., with whom Mr. Clarence W. Moore, Solicitor, was on the brief, for appellee.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge:

This appeal is from a judgment of the District Court denying on the merits appellant's claim of entitlement to the issuance of a patent. Within the Patent Office itself, appellant's application had been denied by a Principal Examiner, and that decision had been upheld by the Board of Appeals. After the trial de novo afforded by statute, 35 U.S.C. § 145, the District Court reached the same result. We have found in the record no warrant...

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