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COMMONWEALTH ENGINEERING COMPANY OF OHIO v. WATSON

Nos. 16243, 16244.

293 F.2d 157 (1961)

COMMONWEALTH ENGINEERING COMPANY OF OHIO and Malvern J. Hiler, Appellants v. Robert C. WATSON, Commissioner of Patents, Appellee. COMMONWEALTH ENGINEERING COMPANY OF OHIO and Leo J. Novak, Appellants v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 1, 1961.

Attorney(s) appearing for the Case

Mr. George W. Stengel, Dayton, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of court, with whom Messrs. Harry A. Toulmin, Jr., and F. E. Drummond, Washington, D. C., were on the brief, for appellants.

Mr. Jack E. Armore, Atty., United States Patent Office, with whom Mr. Clarence W. Moore, Sol., United States Patent Office, was on the brief, for appellee.

Before DANAHER, BASTIAN and BURGER, Circuit Judges.

DANAHER, Circuit Judge.

This is a consolidated appeal from judgments in the District Court dismissing two complaints brought under 35 U.S.C. § 145 which were consolidated and tried together. Appellants at trial had sought through the testimony of their experts to show patentability with respect to certain chemical compounds, derivatives of dextran.

The corporate appellant is the assignee of appellants, Hiler and Novak, respectively. Both Hiler and Novak...

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