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RUSSELL v. COMMISSIONER OF PATENTS AND TRADEMARKS

No. 86-3016.

695 F.Supp. 572 (1988)

David B. RUSSELL, Plaintiff, v. COMMISSIONER OF PATENTS AND TRADEMARKS, Defendant.

United States District Court, District of Columbia.

July 13, 1988.

Attorney(s) appearing for the Case

George E. Kersey, Washington, D.C., for plaintiff.

Joseph F. Nakamura, Sol., Fred E. McKelvey, Deputy Sol., Richard E. Schafer, Associate Sol., Arlington, Va., for defendant.

MEMORANDUM

HAROLD H. GREENE, District Judge.

This is a patent case involving a design for "price tag label strips." The Board of Patent Appeals and Interferences affirmed the examiner's rejection of the design submitted by plaintiff on the ground that the design would have been obvious. Following the filing of the action in this Court, the Commissioner filed for summary judgment, and it is that motion, plaintiff's opposition, and the Commissioner's reply...

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