Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

FORD MOTOR CO. v. COMMISSIONER OF PATENTS

March 5, 1973

FORD MOTOR COMPANY, Plaintiff,
v.
COMMISSIONER OF PATENTS, Defendant


McGuire, District Judge.


The opinion of the court was delivered by: MCGUIRE

McGUIRE, District Judge.

 This case came on in the usual course on plaintiff's motion for summary judgment in the nature of mandamus and defendant's cross motion for summary judgment, and was heard. Later, while the matter was sub judice, defendant filed a motion to dismiss raising the question of jurisdiction, i.e., that there was an appeal pending to the Board of Appeals with reference to the controversy.

 In response, plaintiff denied that there is an appeal pending, admits there was an appeal filed which through error contained the claims here in contention, i.e., Nos. 41-47, 49-60, and 62-66, which had not been "finally rejected" but had been "withdrawn from consideration". Said claims subsequently have been dismissed by plaintiff from the appeal. In other words, it contends that as the matter now stands, in its view there is no appeal pending in the Patent Office with respect to the above claims, although there is on claims Nos. 48 and 61 which were rejected.

 The Court, therefore, since this proceeding is brought mainly under 5 U.S.C. 702 et seq., gives that statute a broad "'hospitable interpretation'" as it has been suggested it must do, *fn1" and concludes that jurisdiction lies and therefore assumes such and dismisses the motion.

 Plaintiff's motion for summary judgment dismissed, defendant's cross motion for summary judgment ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.