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CATERPILLAR TRACTOR CO. v. COM'R OF PATENTS AND TRADEMARKS

Civ. A. No. 84-1212-A.

650 F.Supp. 218 (1986)

CATERPILLAR TRACTOR CO., Plaintiff, v. COMMISSIONER OF PATENTS AND TRADEMARKS, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

May 28, 1986.

Attorney(s) appearing for the Case

Charles A. Wendel, Burke, Va., James C. Wood, Jeffrey L. Clark, Wood, Dalton, Phillips, Mason & Rowe, Chicago, Ill., for plaintiff.

Fred E. McKelvey, Asst. Sol., U.S. Patent and Trademark Office, Arlington, Va., Dennis E. Szybala, Asst. U.S. Atty., Alexandria, Va., for defendant.

MEMORANDUM OPINION

BRYAN, Chief Judge.

In this action involving an international patent application the plaintiff attacks, as contrary to a treaty provision, a rule of the Patent and Trademark Office (PTO). The provision and rule relate to "unity of invention," and the practical effect of the PTO's ruling on the plaintiff's application is that the plaintiff will have to file two applications instead of one. The treaty provisions involved are in the Patent...

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