DUELTGEN v. PARKER

No. 78-576.

579 F.2d 638 (1978)

Ray L. DUELTGEN and Carl A. Queener, Petitioners, v. Lutrelle F. PARKER, Acting Commissioner of Patents and Trademarks, and William Sullivan, Respondents.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 5, 1978.


Attorney(s) appearing for the Case

William J. Gilbreth, Kenneth B. Herman, Richard M. Barnes, Fish & Neave, Clyde C. Metzger, Berj A. Terzian, Gidon D. Stern, Pennie & Edmonds, New York City, for petitioners.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents and Trademarks.

James Paul O'Sullivan, Rochester, N. Y., for respondents.

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


PER CURIAM.

Petitioners seek writs of prohibition and mandamus directing the Commissioner of Patents and Trademarks to dissolve interference No. 99,296, alleging that respondent Sullivan failed to disclose (1) the subject matter of his claims corresponding to the interference counts, or (2) any "patentable utility" for that subject matter. In the alternative, petitioners seek writs directing that the Commissioner promptly decide their pending motion to dissolve, based...

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