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TITANIUM METALS CORP. OF AMERICA v. BANNER

Appeal No. 85-1452.

778 F.2d 775 (1985)

TITANIUM METALS CORPORATION OF AMERICA, Appellee, v. Donald W. BANNER, Commissioner of Patents and Trademarks, Appellant.

United States Court of Appeals, Federal Circuit.

November 7, 1985.

Attorney(s) appearing for the Case

Fred E. McKelvey, Deputy Sol., U.S. Patent and Trademark Office of Arlington, Va., argued for appellant. With him on the brief were Joseph F. Nakamura, Sol. and Henry W. Tarring, II, Associate Sol., Washington, DC.

David C. Bruening, Webb, Burden, Robinson & Webb, P.A., of Pittsburgh, Pa., argued for appellee. With him on the brief was Richard L. Byrne.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NEWMAN, Circuit Judge.

RICH, Circuit Judge.

This appeal is from an Order of the United States District Court for the District of Columbia in a civil action brought pursuant to 35 U.S.C. § 145 against Donald W. Banner as Commissioner of Patents and Trademarks1 authorizing the Commissioner to issue to appellee a patent containing claims 1, 2, and 3 of patent application serial No. 598,935 for "TITANIUM ALLOY." The Commissioner has appealed. We reverse.

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