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BALL CORP. v. UNITED STATES

Appeal No. 84-680.

729 F.2d 1429 (1984)

BALL CORPORATION, Appellee, v. The UNITED STATES, Appellant.

United States Court of Appeals, Federal Circuit.

March 15, 1984.

Attorney(s) appearing for the Case

Joseph A. Hill, Washington, D.C., for appellant.

Allen Kirkpatrick, Washington, D.C., for appellee.

Before BALDWIN, BENNETT and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

This case presents the question whether a patentee is barred by the recapture rule from securing, through reissue, claims to subject matter previously canceled from the original application. Plaintiff-appellee, Ball Corporation (Ball), brought suit against the Government in the United States Court of Claims under 28 U.S.C. § 1498(a) (1976) for unauthorized use of the invention claimed in U.S. patent No. Re. 29,296 (July 5, 1977...

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