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McNALLY v. MOSSINGHOFF

Appeal No. 82-538.

673 F.2d 1253 (1982)

John P. McNALLY and Henry O. Neumann, Petitioners, v. Gerald J. MOSSINGHOFF, Commissioner of Patents and Trademarks, Respondent.

United States Court of Customs and Patent Appeals.

March 11, 1982.

Attorney(s) appearing for the Case

William L. Fisher, Troy, Mich., for petitioners.

Joseph F. Nakamura, Sol., U. S. Patent and Trademark Office, Washington, D. C., for Patent and Trademark Office.

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

ORDER

This is a petition for a writ of mandamus requiring the Commissioner to revive application Serial No. 273,760. This court sustained the Board of Appeals' affirmance of the examiner's rejection of all claims in that application in a decision and unpublished opinion dated March 24, 1977. On April 15, 1977, this court issued its final mandate. A petition to revive was filed with the Commissioner on August 25, 1980, citing patents number 3,783,976 (Kerr), issued...

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