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NITTO BOSEKI CO., LTD. v. OWENS-CORNING FIBERGLAS

Civ. A. No. 83-870-JLL.

589 F.Supp. 527 (1984)

NITTO BOSEKI CO., LTD., Plaintiff, v. OWENS-CORNING FIBERGLAS CORP., Defendant.

United States District Court, D. Delaware.

June 20, 1984.

Attorney(s) appearing for the Case

Roderick R. McKelvie of Ashby, McKelvie & Geddes, Wilmington, Del., Barry E. Bretschneider and Charles A. Wendel of Wegner & Bretschneider, Washington, D.C., of counsel, for plaintiff.

Douglas E. Whitney of Morris, Nichols, Arsht & Tunnell, Wilmington, Del., Hiram P. Settle of Hiram P. Settle, P.C., Washington, D.C., and Paul N. Kokulis of Cushman, Darby & Cushman, Washington, D.C., of counsel, for defendant.

OPINION

LATCHUM, Senior District Judge.

This is an action brought by plaintiff, Nitto Boseki Co., Ltd., against defendant, Owens-Corning Fiberglas Corp., pursuant to 35 U.S.C. § 146 and 28 U.S.C. § 1338(a), to review the decision of the Board of Patent Interferences of the United States Patent Office (the "Board") which awarded priority to the defendant on count 1 of three counts that were the subject of the interference proceeding in Interference...

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