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CONTINENTAL CAN COMPANY v. SCHUYLER

Civ. No. 3107-67.

326 F.Supp. 283 (1970)

CONTINENTAL CAN COMPANY, Inc., and Fred P. Winslow, Plaintiffs, v. William E. SCHUYLER, Jr., Commissioner of Patents, Defendant.

United States District Court, District of Columbia.

May 14, 1970.

Attorney(s) appearing for the Case

Diller, Brown, Ramik & Holt, Arlington, Va., Vincent L. Ramik, Arlington, Va., for plaintiffs.

S. William Cochran, Acting Solicitor, Washington, D. C., for defendant; Jere W. Sears, Washington, D. C., of counsel.

Memorandum and Order

McGUIRE, District Judge.

The bald issue in this case seems to be whether or not plaintiffs' parent application was pending when its "streamlined" continuation application was filed February 8, 1967.

Plaintiffs contend that such was the situation, and allege that the Commissioner of Patents cannot take away a right which is protected by statute, and certainly not inhibit or usurp the power given to the Supreme Court under...

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