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LUTRELLE F. PARKER, Acting Commissioner of Patents and Trademarks, Petitioner, v. MALCOLM E. BERGY, et al., Respondents; LUTRELLE F. PARKER , Acting Commissioner of Patents and Trademarks, Petitioner, v. ANANDA M. CHAKRABARTY, Respondent. No. 79-136 OCTOBER TERM, 1979 December 20, 1979 On Writ of Certiorari to the United States Court of Customs and Patent Appeal MOTION TO DISMISS AND VACATE AS TO RESPONDENTS MALCOLM E. BERGY, ET AL.
Respondents Malcolm E. Bergy et al, by filing an Amendment (Appendix A) with the United States Patent and Trademark Office on December 19, 1979, have abandoned the subject matter of this appeal insofar as it applies to those respondents. In view of the abandonment of the Bergy et al. subject matter, the controversy is now moot as to those respondents. See Brenner v. Hofstetter, 389 U.S. 5 (1967). Respondents Bergy et al therefore move that the judgment (insofar as it applies to those respondents) be vacated and the case remanded to the United States Court of Customs and Patent Appeals with directions to dismiss the appeal to that court as moot. Respectfully submitted, HAROLD C. WEGNER, CHARLES A. WENDEL, STEVENS, DAVIS, MILLER & Mosher, 1911 Jefferson Davis Highway, Suite 600, Crystal Mall 1, Arlington, Virginia 22202, Telephone (703) 920-8900, Attorneys for Respondents, Malcolm E. Bergy et al. APPENDIX A IN THE UNITED STATES PATENT AND TRADEMARK OFFICE In re the application of MALCOLM BERGY ET AL Serial No.: 477,766 Filed: June 10, 1974 For: PROCESS FOR PREPARING LINCOMYCIN Attention: Solicitor By Hand Delivery AMENDMENT Hon. Commissioner of Patents and Trademarks Washington, D.C. 20231 Sir: Kindly amend the above captioned application as follows: IN THE CLAIMS: Cancel claim 5. REMARKS Via the above amendement applicants have abandoned the subject matter of the pending appeal at the Supreme Court, Parker v. Bergy. With the cancellation of all subject matter in controversy at the Supreme Court, the application is in condition for allowance. Respectfully submitted, MALCOLM BERGY ET AL by John Kekich Reg. no. 17,002 301 Henrietta Street Kalamazoo, Michigan 49001 |
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