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FRILETTE v. KIMBERLIN

Misc. No. 83.

358 F.Supp. 493 (1973)

FRILETTE et al., Movant, v. KIMBERLIN et al.

United States District Court, D. Delaware.

May 15, 1973.

Attorney(s) appearing for the Case

Murray M. Schwartz and Daniel A. Durkin, Murdoch, Longobardi, Schwartz & Walsh, Wilmington, Del., Farrell Roy Werbow and Davidson C. Miller, Stevens, Davis, Miller & Mosher, Arlington, Va., of counsel, for Frilette and others.

David A. Anderson, Potter, Anderson & Corroon, Wilmington, Del., Thomas F. Reddy, Jr., of Pennie, Edmonds, Morton, Taylor & Adams, New York City, Keith E. Mullenger and Clyde C. Metzger, New York City, and John J. Schlager, Linden, N. J., of counsel, for Kimberlin and others.

OPINION and ORDER

CALEB M. WRIGHT, Chief Judge.

This is a motion to compel discovery under Rule 37 F.R.Civ.P. filed pursuant to 35 U.S.C. § 24 authorizing discovery in Patent Office interferences matters by resort to the Federal Courts and the utilization of the Federal Rules of Civil Procedure.

The interference is between the Kimberlin U. S. reissue Patent No. Re. 26,188, filed August 24, 1962 claiming a priority date of the original application...

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