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A. F. STODDARD & CO., LTD. v. DANN

No. 76-1777.

564 F.2d 556 (1977)

A. F. STODDARD & COMPANY, LTD., Appellant, v. C. Marshall DANN, Commissioner of Patents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1977.

Attorney(s) appearing for the Case

Thomas M. Gibson, New York City, with whom Joseph Y. Houghton, Washington, D. C., and John L. Welch, New York City, were on the brief, for appellant.

Jack E. Armore, Associate Sol., Washington, D. C., with whom Joseph F. Nakamura, Sol., Washington, D. C., was on the brief, for appellee.

Before WRIGHT and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Chief Judge MARKEY.

MARKEY, Chief Judge, United States Court of Customs and Patent Appeals:

Appeal by A. F. Stoddard & Co., Ltd. ("Stoddard"), from the order of the District Court denying Stoddard's motion for summary judgment, granting the cross-motion for summary judgment of the Commissioner of Patents and Trademarks, and dismissing Stoddard's complaint filed under 35 U.S.C. § 145 (1970).1

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