Legal Opinion

Godtfredsen v. Banner

Court of Customs and Patent Appeals

Decided May 24, 1979No. Appeal No. 79-514PublishedCited by 8 opinions

1Opinion of the Court

BALDWIN, Judge.

Petitioner seeks writs of mandamus and prohibition directing the Commissioner of Patents and Trademarks to:(1) substitute Count A (reciting a Markush group of compounds) as set forth in Petitioner’s “Motion to Amend By Substituting A New Count for the Present Count,” filed December 7, 1976, as the sole count in interference; and(2) prohibit the interference from proceeding as currently constituted with counts 1, 2 and 3.

The Petition is dismissed.

Background

Interference 99,384 was declared on July 7, 1976, between Godtfredsen application Serial No. 554,423, filed March 3, 1975,…

2Cases cited12 opinions

  1. Federal Trade Commission v. Dean Foods Co.Supreme Court of the United States · 1966
  2. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  3. McClung v. SillimanSupreme Court of the United States · 1821
  4. Nitz v. EhrenreichCourt of Customs and Patent Appeals · 1976
  5. Duffy v. TegtmeyerCourt of Customs and Patent Appeals · 1974

7 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Innotron DiagnosticsCourt of Appeals for the Federal Circuit · 1986
  2. Baker Perkins, Inc., Appellant-Petitioner v. Werner & Pfleiderer Corporation, Appellee-RespondentCourt of Appeals for the Federal Circuit · 1983
  3. Margolis v. BannerCourt of Customs and Patent Appeals · 1979
  4. Refractarios Monterrey, S.A. v. Ferro Corp.Court of Customs and Patent Appeals · 1979
  5. Hester v. AllgeierCourt of Customs and Patent Appeals · 1981

3 more not listed; retrieve them via the Exa API.

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