DART INDUSTRIES, INC. v. BANNER

Nos. 79-1156, 79-1157.

636 F.2d 684 (1980)

DART INDUSTRIES, INC., a corporation of the State of Delaware v. Donald W. BANNER, Commissioner of Patents and Trademarks, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1980.

Rehearing Denied October 15, 1980.


Attorney(s) appearing for the Case

John W. Dewhirst, Associate Sol., U. S. Patent and Trademark Office, Washington, D. C., with whom Joseph F. Nakamura, Sol. U. S. Patent and Trademark Office, Washington, D. C., was on brief, for appellant.

Francis J. Murphy, New York City, a member of the bar of the Appellate Division of the Supreme Court of the State of New York, First Judicial Department, pro hac vice, by special leave of court, with whom John F. Smith, New York City, was on brief, for appellee.

Before WRIGHT, Chief Judge, ROBINSON, Circuit Judge, and MARKEY, Chief Judge of the United States Court of Customs and Patent Appeals.


Opinion for the court filed by Chief Judge MARKEY.

MARKEY, Chief Judge:

The Commissioner of Patents and Trademarks (Commissioner) appeals from an order of the District Court, Dart Industries, Inc. v. Banner, 200 U.S.P.Q. 656 (D.D.C.1978), denying the Commissioner's motion for summary judgment, granting the motion for summary judgment of Dart Industries, Inc. (Dart), and entering judgment for Dart in consolidated civil actions Nos. 78-0266 and 78-0267...

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