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REYNOLDS v. AGHNIDES

No. 19669.

356 F.2d 367 (1966)

Edwin L. REYNOLDS, Acting Commissioner of Patents, Appellant, v. Elie P. AGHNIDES, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 20, 1966.

Petition for Rehearing Denied February 18, 1966.

Attorney(s) appearing for the Case

Mr. Raymond E. Martin, Attorney, U. S. Patent Office, with whom Mr. Clarence W. Moore, Solicitor, U. S. Patent Office, at the time the brief was filed, was on the brief, for appellant.

Mr. William D. Hall, Washington, D. C., with whom Mr. Elliott I. Pollock, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.

PER CURIAM:

Appellee, alleging unlawful denial of his patent application by the Patent Office, petitioned the District Court, under 35 U.S.C. § 145, to authorize issuance of the patent by the Commissioner. Although finding that "some doubt exists as to the utility" of appellee's claimed invention, the trial court, citing Application of Nurkiewicz, 338 F.2d 1020, 1022, 52 C.C.P.A. 848, ____ (1964), as its authority, resolved the...

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