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MERCK & CO. v. MARZALL

No. 11125.

197 F.2d 206 (1952)

MERCK & CO., Inc., et al. v. MARZALL.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1952.

Attorney(s) appearing for the Case

Richard K. Stevens, Washington, D. C., with whom Robert E. Watkins and Ellsworth H. Mosher, Washington, D. C., were on the brief, 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 CLARK, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a patent case under R.S. § 4915, 35 U.S.C.A. § 63. The application to the Patent Office sought to patent a chemical compound known as thiamin mononitrate, represented by the empirical formula C12 H17O4N5S. The Patent Office considered that this compound was disclosed by the prior patent to Williams, et al., No. 2,328,594, issued...

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