GODTFREDSEN v. BANNER

Appeal No. 79-514.

598 F.2d 589 (1979)

Wagn Ole GODTFREDSEN, Petitioner, v. Donald W. BANNER, Commissioner of Patents and Trademarks, and Peter Bamberg, Bertil Ake Ekstrom, Ulf Erik Forsgren and Berndt Olof Harald Sjöberg, Respondents.

United States Court of Customs and Patent Appeals.

May 24, 1979.


Attorney(s) appearing for the Case

Roger W. Herrell, Patrick J. Hagan, Philadelphia, Pa. (Dann, Dorfman, Herrell & Skillman, P. C., Philadelphia, Pa.) Attorneys of record, for petitioner.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents and Trademarks; Gerald H. Bjorge, Washington, D. C., of counsel.

Allan H. Bonnell, Edward V. Filardi, New York City (Brumbaugh, Graves, Donohue & Raymond, New York City), M. Andrea Ryan, New York City, of counsel, for junior party respondent Bamberg et al.

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


BALDWIN, Judge.

Petitioner seeks writs of mandamus and prohibition directing the Commissioner of Patents and Trademarks to:

(1) substitute Count A (reciting a Markush group of compounds) as set forth in Petitioner's "Motion to Amend By Substituting A New Count for the Present Count," filed December 7, 1976, as the sole count in interference; and (2) prohibit the interference from proceeding as currently constituted with counts 1, 2 and 3. ...

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