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MERCK & CO. v. OLIN MATHIESON CHEMICAL CORPORATION

No. 7473.

253 F.2d 156 (1958)

MERCK & CO., Inc., Appellant, v. OLIN MATHIESON CHEMICAL CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1958.

Attorney(s) appearing for the Case

Stephen H. Philbin, New York City (Woods, Rogers, Muse & Walker, Roanoke, Va., Frank W. Rogers, Roanoke, Va., E. Cummings Sanborn, Frank M. Nolan, New York City, on brief), for appellant.

John T. Kelton, New York City (William A. Stuart, Abingdon, Va., Leonard A. Watson, Elmer R. Helferich, New York City, Robert Alpher, New York City, on the brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.

HAYNSWORTH, Circuit Judge.

This is a suit upon the product claims of patent No. 2,703,302, entitled "Vitamin B12-Active Composition and Process of Preparing Same," issued to Rickes and Wood, assignors of the plaintiff, Merck, on March 1, 1955, upon an application dated December 8, 19521. The District Court held the product claims invalid, upon the grounds that they covered a "product of nature" and that there was...

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