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BRENNER v. STATE OF ISRAEL

No. 21554.

400 F.2d 789 (1968)

Edward J. BRENNER, Commissioner of Patents, Appellant, v. The STATE OF ISRAEL, Ministry of Defence, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 12, 1968.

Attorney(s) appearing for the Case

Mr. Jere W. Sears, Washington, D.C., Attorney, with whom Mr. Joseph Schimmel, Solicitor, was on the brief, for appellant.

Mr. Sidney Neuman, Chicago, Ill., with whom Messrs. Thomas E. Smith, Chicago, Ill., and Ellsworth H. Mosher, Washington, D.C., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

PER CURIAM:

This is an appeal from a judgment of the District Court in a proceeding under 35 U.S.C. § 145. It involves the proper interpretation to be given to two sections of the Patent Act of 1952.1 There are no facts at issue. It is stipulated that appellee without deceptive intention neglected to file in the Patent Office the "certified copy of the original foreign application...

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