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HOECHST AKTIENGESELLSCHAFT v. QUIGG

No. 90-1088.

917 F.2d 522 (1990)

HOECHST AKTIENGESELLSCHAFT, Plaintiff-Appellant, v. Donald J. QUIGG, Assistant Secretary of Commerce and Commissioner of Patents & Trademarks, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 16, 1990.

Attorney(s) appearing for the Case

Basil J. Lewris, Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued, for plaintiff-appellant. With him on the brief were Jerry D. Voight, J. Michael Jakes and David S. Forman. Also on the brief was Jerome Rosenstock, Hoechst Celanese Corp., Somerville, N.J., of counsel.

Fred E. McKelvey, Sol., Office of the Sol., Arlington, Va., argued, for defendant-appellee. With him on the brief was Teddy S. Gron, Asst. Sol.

Before MICHEL, Circuit Judge, BALDWIN, Senior Circuit Judge, and WILLIAMS, Senior District Judge.

BALDWIN, Senior Circuit Judge.

Hoechst Aktiengesellschaft ("Hoechst") appeals the decision of the United States District Court for the Eastern District of Virginia, Hoechst Aktiengesellschaft v. Quigg, 724 F.Supp. 398, 13 USPQ2d 1543 (E.D.Va.1989), upholding upon motion for summary judgment, a ruling by the Commissioner of Patents and Trademarks, Donald J. Quigg ("Commissioner"), that U.S. Patent No. 3,737,433 ('433) is...

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