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MORRIS v. DIAMOND

Appeal No. 80-616.

634 F.2d 1347 (1980)

Glenn H. MORRIS, Petitioner, v. Sidney A. DIAMOND, Commissioner of Patents and Trademarks, and Francis G. Marshall and Edward F. Klimeck, Respondents.

United States Court of Customs and Patent Appeals.

December 4, 1980.

Attorney(s) appearing for the Case

Dennis P. Clarke, Kerkam, Stowell, Kondracki & Clarke, P. C., Arlington, Va., for petitioner.

Roy C. Hopgood, Paul T. Meiklejohn, Hopgood, Calimafde, Kalil, Blaustein & Lieberman, New York City, for respondents.

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

RICH, Judge.

Petitioner, Glenn H. Morris (Morris), seeks a writ of mandamus against Sidney A. Diamond, Commissioner of Patents and Trademarks (Commissioner), in interference No. 99,941, between Morris, senior party, and Francis C. Marshall and Edward F. Klimeck, junior party (Marshall).

Morris would have this court direct the Commissioner to vacate his order of April 10, 1980 (entered on his behalf by Deputy Commissioner Parker), which vacated the decision...

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