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PLASTIC CONTACT LENS COMPANY v. GOTTSCHALK

No. 72-1141.

484 F.2d 837 (1973)

The PLASTIC CONTACT LENS COMPANY, Appellant, v. Robert GOTTSCHALK, Commissioner of Patents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1973.

Attorney(s) appearing for the Case

John L. Sigalos, New York City, W. Melville Van Sciver, Chicago, Ill., for appellant.

Fred W. Sherling, Associate Sol., U.S. Patent Office, with whom S. William Cochran, Sol., U.S. Patent Office, was on the brief for appellee.

Louis Robertson, New York City, filed a brief, Pro Bono Publico as amicus curiae.

Before McGOWAN, TAMM and WILKEY, Circuit Judges.

TAMM, Circuit Judge:

This is an appeal from the judgment of the United States District Court for the District of Columbia dismissing the complaint in an action to obtain a patent under 35 U.S.C. § 145 (1970). The sole ground for dismissal relied upon by the trial court is that the action is barred under the doctrine of res judicata. Plastic Contact Lens Co. v. Schuyler, 334 F.Supp. 464

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