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GOODBAR v. BANNER

Appeal No. 79-555.

599 F.2d 431 (1979)

Reid C. GOODBAR and Arthur M. Presley, Junior Party Patentees, Petitioners, v. Donald W. BANNER, Commissioner of Patents and Trademarks, Marvin A. Champion, Norman G. Torchin, and Michael Sofocleous, Members U. S. Patent and Trademark Office Board of Patent Interference, and William Klein, Senior Party Applicant, Respondents.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 19, 1979.

Attorney(s) appearing for the Case

Joseph J. C. Ranalli, Joseph J. Catanzaro, New York City, Frederick F. Calvetti, Washington, D. C., Pennie & Edmonds, New York City, attys. of record, for petitioners.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents and Trademarks; Fred E. McKelvey, Woodbridge, Va., of counsel.

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

RICH, Judge.

Petitioners seek a writ of mandamus, directing the Patent and Trademark Office (PTO) Board of Patent Interferences (board) to vacate its order compelling petitioners to produce for inspection and copying certain documents in connection with interference No. 98,935. Respondents are the Commissioner of Patents and Trademarks (Commissioner), the board, and Klein, petitioners' interference adversary. Oppositions to the petition have been filed by the Commissioner...

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