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LEGILLE v. DANN

No. 74-1641.

544 F.2d 1 (1976)

Edouard LEGILLE et al. v. C. Marshall DANN, Commissioner of Patents, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 24, 1976.

Attorney(s) appearing for the Case

Jere W. Sears, Atty., Washington, D.C.., with whom Joseph F. Nakamura, Sol., Washington, D.C., was on the brief, for appellant.

David S. Fishman, of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, with whom Charles L. Fishman, Washington, D.C., was on the brief, for appellees.

Before FAHY, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBINSON.

Dissenting opinion filed by Senior Circuit Judge FAHY.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

An application for a United States patent filed within twelve months after filing of an application for a foreign patent on the same invention is statutorily accorded the filing date of the foreign application and the effect thereof.1 If, however, the interval

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