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MORRIS v. TEGTMEYER

Appeal No. 81-586.

655 F.2d 216 (1981)

Glenn H. MORRIS, Petitioner, v. Rene D. TEGTMEYER, Acting Commissioner of Patents and Trademarks, and Francis G. Marshall and Edward F. Klimeck, Respondents.

United States Court of Customs and Patent Appeals.

July 23, 1981.

Attorney(s) appearing for the Case

Dennis P. Clarke, Kerkam, Stowell, Kondracki & Clarke, P. C., Arlington, Va., for petitioner.

Joseph F. Nakamura, Sol., Fred E. McKelvey, Associate Sol., U. S. Patent and Trademark Office, Washington, D. C., for Commissioner.

Roy C. Hopgood and Paul T. Meiklejohn, Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, for Marshal.

Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER, and NIES, Associate Judges.

ON PETITION FOR WRIT OF MANDAMUS

RICH, Judge.

Petitioner Glenn H. Morris (Morris), seeks, for the second time, a writ of mandamus against Rene D. Tegtmeyer, Acting Commissioner of Patents and Trademarks (Commissioner), in interference No. 99,941, between Morris, senior party, and Francis C. Marshall and Edward F. Klimeck, junior party (Marshall).

Morris requests that this court vacate the following decisions in the Patent and Trademark Office (PTO...

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