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BEC PRESSURE CONTROLS CORP. v. DWYER INSTRUMENTS, INC.

Civ. No. 72 S 118.

380 F.Supp. 1397 (1974)

BEC PRESSURE CONTROLS CORP., Plaintiff, v. DWYER INSTRUMENTS, INC., Defendant.

United States District Court, N. D. Indiana, South Bend Division.

March 22, 1974.

Attorney(s) appearing for the Case

Clyde F. Willian, Robert P. Cummins, Hume, Clement, Hume & Lee, Ltd., Chicago, Ill., William F. McInerny, Chapleau, Roper, McInerny & Farabaugh, South Bend, Ind., for plaintiff.

Robert C. Brown, Jr., Thomas F. McWilliams, Mann, Brown, McWilliams & Bradway, Chicago, Ill., Thomas L. Murray, William J. Reinke, Thornburg, McGill, Deahl, Harman, Carey & Murray, South Bend, Ind., for defendant.

MEMORANDUM

GRANT, District Judge.

Plaintiff filed a patent application with the United States Patent Office on 23 November 1964. That application was allowed on 24 February 1966, and notice was duly sent to plaintiff informing him that an issue fee was payable to the Patent Office. Under 35 U.S.C. § 151, such issue fee is payable within three months of the notice of allowance or the patent application is...

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