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CANADIAN-AMERICAN PHARMACEUTICAL CO. v. COE

No. 7893.

126 F.2d 847 (1942)

CANADIAN-AMERICAN PHARMACEUTICAL CO. v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Decided March 30, 1942.

Attorney(s) appearing for the Case

Messrs. Arthur G. Connolly, of Wilmington, Del., and James P. Burns, of Washington, D. C., for appellant.

Mr. H. S. Mackey, of Washington, D. C., with whom Mr. W. W. Cochran, of Washington, D. C., Solicitor, United States Patent Office, was on the brief, for appellee.

Before STEPHENS, EDGERTON, and RUTLEDGE, Associate Justices.

EDGERTON, Associate Justice.

This is a suit1 to obtain a patent on Ensol, a medicine for reducing the pain of cancer, and on processes for its manufacture. The District Court dismissed the complaint on the ground that the disclosures lacked utility.2

There was testimony to the following effect. Dr. Hendry C. Connell, the physician who originated Ensol, has supervised its use in 800 to 1000 painful cancer...

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