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VOGEL v. GOTTSCHALK

Civ. A. No. 457-71-A.

350 F.Supp. 865 (1972)

Herward A. VOGEL and Minnesota Mining and Manufacturing Company, Plaintiffs, v. Robert GOTTSCHALK, Acting Commissioner of Patents, Defendant.

United States District Court, E. D. Virginia, Alexandria Division.

January 11, 1972.

Attorney(s) appearing for the Case

Ellsworth H. Mosher, Stevens, Davis, Miller & Mosher, Arlington, Va., Stanley G. DeLaHunt, Kinney, Alexander, Sell, Steldt & DeLaHunt, Saint Paul, Minn., for plaintiffs.

Fred E. McKelvey, Associate Sol., Washington, D. C., James Tate, Asst. U. S. Atty., Alexandria, Va., for defendant.

MEMORANDUM OPINION AND ORDER

ALBERT V. BRYAN, Jr., District Judge.

The Court has considered the Motion to Dismiss in light of the memoranda submitted and counsel's argument of January 7, 1972.

The allegations of the Complaint, taken as proved for the purpose of the Motion to Dismiss, establish action on the part of the Commissioner of Patents acting through the Board of Patent Interferences which is arguably arbitrary and capricious. That action...

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