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SHERWIN-WILLIAMS CO. v. MARZALL

No. 10651.

190 F.2d 606 (1951)

SHERWIN-WILLIAMS CO. et al. v. MARZALL, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided April 26, 1951.

Attorney(s) appearing for the Case

Albert L. Ely, Jr., Akron, Ohio, for appellants. Harry W. F. Glemser, Washington, D. C., also entered an appearance for appellants.

Clarence W. Moore, United States Patent Office, Washington, D. C., with whom E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, PROCTOR and BAZELON, Circuit Judges.

BAZELON, Circuit Judge.

This is an appeal from the dismissal of a suit brought against the Commissioner of Patents under 35 United States Code Annotated, § 63, R.S. § 4915. Appellant O'Neal sought to patent a process for manufacturing copper phtalocyanine dyestuffs. His invention over the prior art is said to result primarily from (1) the lower temperatures needed for his process, (2) the use of copper acetate instead of the copper chloride used in the Lacey...

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