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IRONS v. GOTTSCHALK

No. 74-1365.

548 F.2d 992 (1976)

Edward S. IRONS, Appellant, v. Robert GOTTSCHALK, Commissioner of Patents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 21, 1976.

Rehearing Denied March 8, 1977.

Attorney(s) appearing for the Case

Mary Helen Sears, Washington, D. C., for appellant.

Barbara L. Herwig, Atty., Appellee Section, Civ. Div., Dept. of Justice, Washington, D. C., with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty. and William Kanter, Atty., Appellate Section, Civ. Div., Dept. of Justice, Washington, D. C., were on the brief for appellee. Stephen F. Eilperin, Atty., Dept. of Justice, Washington, D. C., also entered an appearance for appellee.

Before TOM CLARK, Associate Justice of the Supreme Court of the United States (Ret.), BAZELON, Chief Judge, and ROBINSON, Circuit Judge.

Opinion for the Court filed by Mr. Justice Clark.

Mr. Justice CLARK:

Appellant, Edward S. Irons is here on a return engagement in his six-year effort to secure disclosure of "all the unpublished manuscript decisions of the Patent Office" under the Freedom of Information Act. 5 U.S.C. § 552, et seq. It was in 1970 that the District Court refused disclosure on the ground that the request had not been focused on "identifiable records"; however it...

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