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NAKAYAMA v. BANNER

Nos. 78-620, 78-623.

588 F.2d 1336 (1978)

Norihiko NAKAYAMA and Mitsuoki Osawa, Petitioners, v. Donald W. BANNER, Commissioner of Patents and Trademarks, and Roger E. Ernsthausen, Respondents. Norihiko NAKAYAMA and Mitsuoki Osawa, Petitioners, v. Donald W. BANNER, Commissioner of Patent and Trademarks, and Bernard W. Byrum, Jr. and Roger E. Ernsthausen, Respondents. Yasunari SHIROUCHI and Toshinori Urade, Petitioners, v. Donald W. BANNER, Commissioner of Patent and Trademarks, and Bernard W. Byrum, Jr. and Roger E. Ernsthausen, Respondents.

United States Court of Customs and Patent Appeals.

December 14, 1978.

Attorney(s) appearing for the Case

H. J. Staas, Wm. D. Johnston, III, Staas & Halsey, Washington, D.C., attorneys of record, for Nakayama et al.; Charles L. Gholz, Baker & McKenzie, Washington, D.C., of counsel.

Joseph F. Nakamura and Jere W. Sears, Washington, D.C., for Banner and Ernsthausen.

John C. Smith, Jr., James H. Laughlin, Jr., Benoit, Smith & Laughlin, Arlington, Va., attorneys of record, for respondents Ernsthausen and Byrum et al.

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

PER CURIAM.

Petitioners seek writs of mandamus directing the Commissioner of Patents and Trademarks to: (1) exclude all or part of respondents' Rule 204(c) supplemental showings from consideration in interference Nos. 99,254, 99,255, and 99,256; and (2) restrict respondents in interference No. 99,541 to their effective filing date. The petitions are denied.

Background

1. Interference Nos. 99,254, 99,255, and 99,256

Ernsthausen...

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