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ALLEN v. BERTORELLI

No. 13502.

244 F.2d 777 (1957)

Edward M. ALLEN, Pittsburgh Plate Glass Company, Columbia-Southern Chemical Corporation, Appellants, v. Orlando Leonard BERTORELLI, J. M. Huber Corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1957.

Attorney(s) appearing for the Case

Mr. Richard Russell Wolfe, Chicago, Ill., with whom Messrs. George R. Jones, Washington, D. C., and Raymond S. Chisholm, Pittsburgh, Pa., were on the brief, for appellant.

Mr. Albert C. Johnston, New York City, with whom Mr. John W. Malley, Washington, D. C., was on the brief, for appellees. Mr. George T. Mobille, Washington, D. C., also entered an appearance for appellees.

Before PRETTYMAN, BASTIAN and BURGER, Circuit Judges.

BASTIAN, Circuit Judge.

Appellants (plaintiffs) filed suit in the District Court pursuant to 35 U. S.C. § 146, to direct the Commissioner of Patents to issue to appellant Allen and his assignee a patent covering a method of preparing a pigment product.1

Appellant Allen and appellee Bertorelli filed their applications for patent within a few days of each other in 1947. Bertorelli was...

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