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MARGOLIS v. BANNER

Appeal No. 79-538.

599 F.2d 435 (1979)

Geoffrey MARGOLIS, Dean Frederick Rushmore, Richard Tien-Szu Liu, and Charles Hal Anderson, Petitioners, v. Donald W. BANNER, Commissioner of Patents and Trademarks, Respondent.

United States Court of Customs and Patent Appeals.

May 31, 1979.

Attorney(s) appearing for the Case

William H. Vogt III, New York City (Watson, Leavenworth, Kelton & Taggart, New York City), attys. of record, for petitioners; Morris N. Reinisch, New York City, of counsel.

Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Jere W. Sears, Washington, D.C., of counsel.

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

MILLER, Judge.

Petitioners seek issuance of writs of mandamus and prohibition to the Commissioner of Patents and Trademarks. Specifically, petitioners request this court to:

— issue a writ of mandamus directing the Commissioner to rescind and set aside the December 20, 1978 ruling of his delegate, William Feldman, Deputy Assistant Commissioner for Patents . . . that "this application became abandoned as of...

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