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BRENNER v. EBBERT

No. 21346.

398 F.2d 762 (1968)

Edward J. BRENNER, Commissioner of Patents, Appellant, v. Robert J. EBBERT and Design Products Corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 23, 1968.

Certiorari Denied October 28, 1968.

Attorney(s) appearing for the Case

Mr. S. William Cochran, Attorney, United States Patent Office, with whom Mr. Joseph Schimmel, Solicitor, United States Patent Office, was on the brief, for appellant.

Mr. John A. Blair, Detroit, Mich., with whom Mr. John W. Malley, Washington, D. C., was on the brief, for appellees. Mr. William K. West, Jr., Memphis, Tenn., also entered an appearance for appellees.

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

Certiorari Denied October 28, 1968. See 89 S.Ct. 259.

TAMM, Circuit Judge.

This case concerns a question of procedure in the Patent Office. After applying for a patent, appellee Ebbert received from the Patent Office a notice of allowance, dated April 21, 1966. It was captioned "NOTICE OF ALLOWANCE AND ISSUE FEE DUE," and among other things stated: "With the allowance of the application, the above indicated Issue Fee becomes due and payment must be made

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