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BOEING CO. v. COM'R OF PATENTS AND TRADEMARKS

No. 87-1347.

853 F.2d 878 (1988)

The BOEING COMPANY, Plaintiff-Appellee, v. COMMISSIONER OF PATENTS AND TRADEMARKS, Defendant, and Cegedur Societe De Transformation De L'Aluminum Pechiney, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 29, 1988.

Attorney(s) appearing for the Case

Robert D. Bajefsky, of Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued, for plaintiff-appellee. With him on the brief, was Lawrence M. Lavin, Jr.

Richard E. Schafer, of the Patent and Trademark Office, Arlington, Va., argued, for defendant PTO. With him on the brief, were Joseph F. Nakamura, Sol., and Fred E. McKelvey, Deputy Sol.

Steven B. Kelber, of Oblon, Fisher, Spivak, McClelland & Maier, Arlington, Va., argued, for defendant-appellant Cegedur.

Before DAVIS, NEWMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

Cegedur Societe De Transformation De L'Aluminum Pechiney (Cegedur) appeals from an order of the United States District Court for the District of Columbia, The Boeing Company v. Quigg, 2 USPQ2d 1723 (D.D.C.1987) [available on WESTLAW, 1987 WL 13196], denying Cegedur's motions for summary judgment and an award of costs and attorney fees and granting the joint motion of the Commissioner and The Boeing Company (Boeing) to remand a reexamination...

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