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GENERAL MOTORS CORPORATION v. R. E. DIETZ COMPANY

No. 22087.

420 F.2d 1303 (1969)

GENERAL MOTORS CORPORATION, Appellant, v. R. E. DIETZ COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 6, 1969.

Attorney(s) appearing for the Case

Mr. Hugh L. Fisher, Detroit, Mich., with whom Messrs. George E. Frost, Detroit, Mich., and Frank J. Soucek, Washington, D. C., were on the brief, for appellant.

Mr. Richard von K. Bruns, Syracuse, N. Y., with whom Mr. John F. Smith, Washington, D. C., was on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

PER CURIAM:

In this case we hold that R. E. Dietz Co., which brought an action in District Court under 35 U.S.C. § 146 (1964) for review of a Patent Office priority determination that favored General Motors, could not amend that complaint to include an objection to a patent to General Motors on the ground of public use or sale more than a year prior to the application.1 We reverse the District Court order permitting such amendment...

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