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CIBA-GEIGY CORP. v. UNITED STATES

Appeal No. 78-1.

582 F.2d 26 (1978)

CIBA-GEIGY CORPORATION, Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

August 10, 1978.

Attorney(s) appearing for the Case

Bronz & Farrell, Washington, D. C., attorneys of record, for appellant, Edward J. Farrell, Washington, D. C., of counsel.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Sidney H. Kuflik, New York City, for United States.

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

RICH, Judge.

This appeal is from the judgment of the United States Customs Court, 79 Cust.Ct. 53, C.D. 4713, 440 F.Supp. 1237 (1977), dismissing appellant-importer's protest to the classification of an antibiotic drug, identified by the trademark Rimactane, imported from Italy. We reverse.

The structural formula of Rimactane is shown below with the portion of the molecule with which we are concerned within the dotted line...

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