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BLUMCRAFT OF PITTSBURGH v. BRENNER

Civ. A. No. 215-65.

247 F.Supp. 978 (1965)

BLUMCRAFT OF PITTSBURGH, a Partnership consisting of Hyman Blum, Max Blum, Louis Blum and Harry P. Blum, Plaintiff, v. Edward J. BRENNER, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

November 24, 1965.

Attorney(s) appearing for the Case

James C. McConnon, Paul & Paul, Philadelphia, Pa., John F. Smith, Washington, D. C., for plaintiff.

Clarence W. Moore, Sol., Washington, D. C., for defendant.

JACKSON, District Judge.

This is a civil action brought under 35 U.S.C. § 145 in which plaintiff, assignee of a design patent application entitled "Combined Post and Railing", Serial No. D-70,893, filed July 12, 1962, seeks an adjudication by the Court that the defendant be authorized to issue to plaintiff a design patent containing Claim 1 of the aforesaid application.

Claim 1 of the application is a typical formal claim for a design and reads as follows...

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