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DUBOST v. U.S. PATENT AND TRADEMARK OFFICE

Appeal No. 85-761.

777 F.2d 1561 (1985)

Dominique DUBOST, Appellant, v. U.S. PATENT AND TRADEMARK OFFICE, Appellee.

United States Court of Appeals, Federal Circuit.

November 22, 1985.

Attorney(s) appearing for the Case

Marsha G. Gentner, Fleit, Jacobson, Cohn & Price, of Washington, D.C., argued for appellant. With her on brief was Martin Fleit, Washington, D.C.

Harris A. Pitlick, Associate Sol., U.S. Patent & Trademark Office, of Arlington, Va., argued for appellee. With him on brief were Joseph F. Nakamura, Sol. and John W. Dewhirst, Associate Sol., Washington, D.C.

Before NIES, PAULINE NEWMAN and BISSELL, Circuit Judges.

NIES, Circuit Judge.

Dominique Dubost appeals from the final decision of the United States District Court for the District of Columbia, reported at 225 USPQ 713 (D.D.C.1984), which sustained the decision of the Commissioner of Patents and Trademarks (PTO) denying a filing date of October 8, 1982 to his patent application. We vacate and remand.

Background

Counsel for Dominique Dubost delivered a patent application to the Patent and Trademark...

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