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SYNTEX OPHTHALMICS, INC. v. NOVICKY

Appeal Nos. 86-563, 86-621.

795 F.2d 983 (1986)

SYNTEX OPHTHALMICS, INC., et al., Appellees, v. Nick N. NOVICKY, et al., Appellants.

United States Court of Appeals, Federal Circuit.

July 2, 1986.

Attorney(s) appearing for the Case

Nick N. Novicky, pro se.

James W. Gould, Morgan, Finnegan, Pine, Foley & Lee, New York City, for appellees. With him on brief was Joseph A. DeGirolamo, New York City.

Before RICH, DAVIS and BALDWIN, Circuit Judges.

DAVIS, Circuit Judge.

This is the third time this case has come here, and we refer to our two previous opinions for the basic facts and prior rulings. Syntex Ophthalmics, Inc. v. Novicky, 745 F.2d 1423, 223 USPQ 695 (Fed.Cir.1984) (Syntex I), vacated, 470 U.S. 1047, 105 S.Ct. 1740, 84 L.Ed.2d 807 (1985), was our first and more extensive decision. The Supreme Court set aside that decision on one point because we...

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