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WEIL v. DANN

Special Patent Docket No. 184.

503 F.2d 562 (1974)

Edward D. WEIL, Petitioner, v. C. Marshall DANN, Commissioner of Patents, and Charles D. Fritz, et al., Respondents.

United States Court of Customs and Patent Appeals.

October 10, 1974.

Attorney(s) appearing for the Case

Jerry D. Voight, Washington, D.C. (Finnegan, Henderson, Farabow & Garrett, Washington, D.C.), attorneys of record, for petitioner.

Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, C. Marshall Dann.

Stanley H. Cohen, Philadelphia, Pa., (Caesar, Rivise, Bernstein & Cohen, Philadelphia, Pa.), for Fritz and others.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

PER CURIAM.

Petitioner seeks a writ of mandamus directing the Commissioner of Patents to reverse the decision of the examiner denying Weil's motion to shift the burden of proof in interference No. 97,772, which on petition the Commissioner refused to disturb. The adverse party in interference, Fritz et al., joined the Commissioner's opposition to the petition here and filed a motion for summary denial thereof.

Petitioner...

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