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STURZINGER v. COMMISSIONER OF PATENTS

Civ. A. No. 1192-73.

377 F.Supp. 1284 (1974)

Oskar Edwin STURZINGER, Plaintiff, v. COMMISSIONER OF PATENTS, Defendant.

United States District Court, District of Columbia.

March 12, 1974.

Attorney(s) appearing for the Case

Albert M. Zalkind, Zalkind, Horne & Shuster, Arlington, Va., for plaintiff; Robert C. Faber, Ostrolenk, Faber, Gerb & Soffen, New York City, of counsel.

Joseph F. Nakamura, Solicitor, U. S. Patent Office, for defendant.

Memorandum

McGUIRE, District Judge.

This is an action brought under the provisions of 5 U.S.C. §§ 701 and 702 seeking review of a decision by the Commissioner of Patents refusing plaintiff a filing date of April 13, 1971 for his application Serial No. 133,697 for United States Letters Patent. The extraordinary set of circumstances giving rise to this action are not contested, and in brief are as follows:

On March 5, 1971 plaintiff...

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