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BRENNER v. MANSON

No. 58.

383 U.S. 519 (1966)

BRENNER, COMMISSIONER OF PATENTS v. MANSON.

Supreme Court of United States.

Decided March 21, 1966.

Attorney(s) appearing for the Case

Paul Bender argued the cause for petitioner, pro hac vice, by special leave of Court. With him on the brief were Solicitor General Marshall, Assistant Attorney General Douglas, Sherman L. Cohn and Edward Berlin.

Dean Laurence argued the cause for respondent. With him on the brief were Herbert I. Sherman and John L. White.

W. Brown Morton, Jr., and Ellsworth H. Mosher filed a brief for the American Patent Law Association, as amicus curiae, urging affirmance.

MR. JUSTICE FORTAS delivered the opinion of the Court.

This case presents two questions of importance to the administration of the patent laws: First, whether this Court has certiorari jurisdiction, upon petition of the Commissioner of Patents, to review decisions of the Court of Customs and Patent Appeals; and second, whether the practical utility of the compound produced by a chemical process is an essential element in establishing a prima facie case for the patentability...

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