IMPERIAL CHEMICAL INDUSTRIES PLC v. MOSSINGHOFF

Appeal No. 84-1095.

767 F.2d 897 (1985)

IMPERIAL CHEMICAL INDUSTRIES PLC, et al., Appellants, v. Gerald J. MOSSINGHOFF, Commissioner of Patents and Trademarks, Appellee.

United States Court of Appeals, Federal Circuit.

July 17, 1985.


Attorney(s) appearing for the Case

Lawrence A. Hymo, Cushman, Darby & Cushman, Washington, D.C., argued for appellants. With him on brief were Paul N. Kokulis and William T. Bullinger, Washington, D.C.

Fred W. Sherling, Associate Solicitor, U.S. Patent & Trademark Office, Arlington, Va., argued for appellee. With him on brief were Joseph F. Nakamura, Solicitor, New York City, and Jere W. Sears, Deputy Solicitor, Washington, D.C.

Before MARKEY, Chief Judge, MILLER, Senior Circuit Judge, and SMITH, Circuit Judge.


ORDER

A motion has been filed by a nonparty for publication of the court's opinion in this appeal which was disposed of by an unpublished opinion on February 15, 1985, 765 F.2d 160. The motion is based on the movant's having received an Official Action of the United States Patent and Trademark Office (PTO) which cites as authority the district court's decision from which this appeal was taken, and concern that the PTO might...

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