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LIPMAN v. DICKINSON

No. 96-1548.

174 F.3d 1363 (1999)

Steven E. LIPMAN, Plaintiff-Appellant, v. Q. Todd DICKINSON, Acting Commissioner of Patents and Trademarks, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 20, 1999.

Attorney(s) appearing for the Case

Maxim H. Waldbaum, Fried, Frank, Harris, Shriver & Jacobson, of New York, New York, argued for plaintiff-appellant. With him on the brief was William K. West, Jr., Pillsbury, Madison & Sutro, LLP, of Washington, DC.

Kevin Baer, Associate Solicitor, Patent and Trademark Office, of Arlington, Virginia, argued for defendant-appellee. With him on the brief were Albin F. Drost, Acting Solicitor, and Nancy C. Slutter, Associate Solicitor.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and BRYSON, Circuit Judge.

Opinion for the court filed by Senior Circuit Judge ARCHER. Dissenting opinion filed by Circuit Judge PAULINE NEWMAN.

ARCHER, Senior Circuit Judge.

Steven E. Lipman appeals the July 23, 1996 judgment of the United States District Court for the District of Columbia, 95-CV-774, granting summary judgment to the Commissioner of Patents and Trademarks (Commissioner). On undisputed facts, the district court held as a matter of law that substantial evidence supported...

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