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VOGEL v. JONES

No. 72-1237.

464 F.2d 573 (1972)

Herward A. VOGEL and Minnesota Mining and Manufacturing Company, Appellants, v. Michael Edward Benet JONES and Imperial Chemical Industries Limited.

United States Court of Appeals, Third Circuit.

Decided July 13, 1972.

Attorney(s) appearing for the Case

Stanley G. DeLaHunt, Kinney, Alexander, Sell, Steldt & DeLaHunt, St. Paul, Minn., Richard A. Graddock, Walter J. Fessler, Lum, Biunno & Tompkins, Newark, N. J., for plaintiffs-appellants; William G. Ewert, Terryl K. Qualey, St. Paul, Minn., of counsel.

Edgar H. Martin, Cushman, Darby & Cushman, Washington, D. C., Paul N. Kokulis, Washington, D. C., for defendants-appellees; Raymond M. Tierney, Jr., Shanley & Fisher, Newark, N. J., of counsel.

Before SEITZ, Chief Judge and VAN DUSEN and ADAMS, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The parties to this appeal seek to be named first inventor of certain moldable plastic compositions in administrative proceedings pending in the United States Patent Office under 35 U.S.C. § 135 (Interference Nos. 96,167 and 96,500).1 By opinion and order of February 8, 1972, the district court dismissed as moot this ancillary action brought by plaintiffs...

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