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HORIZONS TITANIUM CORPORATION v. NORTON COMPANY

No. 5764.

290 F.2d 421 (1961)

HORIZONS TITANIUM CORPORATION, Appellant, v. NORTON COMPANY, Appellee.

United States Court of Appeals First Circuit.

Decided May 5, 1961.

Attorney(s) appearing for the Case

Herbert P. Kenway, Boston, Mass., with whom Kenway, Jenney, Witter & Hildreth, Boston, Mass., and Pennie, Edmonds, Morton, Barrows & Taylor, Washington, D. C., were on brief, for appellant.

James E. Mrose, Boston, Mass., with whom Robert L. Thompson, Boston, Mass., Allan R. Redrow, Worcester, Mass., and Dike, Thompson, Bronstein & Mrose, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

In 1959 the Commissioner of Patents dismissed a patent application in interference on the ground that after execution by the inventor counsel had made certain alterations therein not shown to be "immaterial or harmless." In order to challenge the propriety of this action Horizons Titanium Corporation, the applicant's apparent successor in interest, instituted a mandamus proceeding in the United States...

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