Roger & Gallet v. Janmarie, Inc.

On June 10, 1957, in an opinion reported at 245 F.2d 505, 44 C.C.P.A., Patents, -, this court reversed a decision of the Assistant Commissioner of Patents (opinion reported at 109 U.S.P.Q. 16) and remanded the case to the Patent Office for further proceedings not inconsistent with our opinion.

On August 6, 1957, the Assistant Commissioner rendered a decision, reported at 114 U.S.P.Q. 406. A petition for reconsideration. was denied on September 6, 1957.

Counsel for appellant then moved in this court, on October 3, 1957, -

1) to vacate the said decision, of Assistant Commissioner Leeds dated' '…