MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO STRIKE
URBOM, Senior District Judge.
The plaintiff, the Heil Company, has filed this civil action pursuant to 35 U.S.C. § 146 complaining of the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences ("Board"). In that proceeding the Board decided that the plaintiff's assignor, Fred Smith, was not entitled to the patent because (1) the container invention had...
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