BOYDEN v. COMMISSIONER OF PATENTS

No. 22238.

441 F.2d 1041 (1971)

Gerald Glen BOYDEN, Appellant v. COMMISSIONER OF PATENTS.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1971.

Petition for Rehearing Denied March 15, 1971.


Attorney(s) appearing for the Case

Mr. John F. Witherspoon, Arlington, Va., with whom Mr. Edwin R. Hutchinson, Washington, D. C. (both appointed by this Court), was on the brief, for appellant. Mr. Charles A. Wendel, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, also argued for appellant.

Mr. Jere W. Sears, Asst. Solicitor, with whom Mr. S. Wm. Cochran, Solicitor, was on the brief, for appellee. Mr. Joseph Schimmel, Solicitor, at the time the record was filed, and Mr. Lutrelle F. Parker, Washington, D. C., Attorney, also entered appearances for appellee.

Before DANAHER, Senior Circuit Judge, and LEVENTHAL and ROBB, Circuit Judges.


DANAHER, Senior Circuit Judge:

This appellant on April 20, 1967, tendered to the Commissioner an application for a patent which the Patent Office declined to file since the application was not accompanied by the $95 filing fee required by law. Appellant thereupon sought an order in the nature of mandamus to compel the Commissioner to accept and examine his patent application without payment of the statutory filing fee or, alternatively, that he be

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