Why Wasn't In re Hubbell Hubble v. Hubbell? (PDF)
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In re Hubbell, opinion by Circuit Judge O'Malley for a panel that also consisted of Circuit Judge Wallach; dissenting opinion by Circuit Judge Newman), is a common-assignee double patenting case that, in my opinion and apparently in the opinion of Circuit Judge Newman, should have been a patent-application interference.
Charles L. Gholz is a Partner in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. His direct dial telephone number is 703/412-6485, and his email address is email@example.com.
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