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NOSSEN v. UNITED STATES

No. 350-61.

422 F.2d 1340 (1970)

Ernest Samuel NOSSEN and E. S. Nossen Laboratories, Inc. v. The UNITED STATES.

United States Court of Claims.

March 20, 1970.

Attorney(s) appearing for the Case

David Toren, New York City, atty. of record, for plaintiffs. McGlew & Toren, New York City, of counsel.

Martin Avin, Washington, D. C., with whom was Asst. Atty. Gen., William D. Ruckelshaus, for defendant. Roland A. Anderson and John A. Horan, Washington, D. C., of counsel.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON PLAINTIFFS' MOTION FOR REHEARING

PER CURIAM.

Following the decision of this court, 416 F.2d 1362, 189 Ct.Cl. 1, (1969), that the patent claims were invalid and that the suit under Title 28 U.S.C. § 1498 (1964) must be dismissed, the plaintiffs have made a timely motion for rehearing under Rule 151. The motion must be and is denied for the reasons that follow:

Our conclusion that the claims were invalid rested...

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