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E. I. DuPONT de NEMOURS AND COMPANY v. LADD

No. 17883.

328 F.2d 547 (1964)

E. I. DuPONT de NEMOURS AND COMPANY, Appellant, v. David L. LADD, Commissioner of Patents, and Luther H. Hodges, Secretary of Commerce, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 30, 1964.

Attorney(s) appearing for the Case

Mr. W. Philip Churchill, New York City, with whom Messrs. C. Harold Herr and Frederick Schafer, Washington, D. C., were on the brief, for appellant.

Mr. J. Schimmel, Atty. United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellees.

Before EDGERTON, Senior Circuit Judge, and WILBUR K. MILLER and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge:

In September 1952, two employees of appellant, E. I. Du Pont de Nemours and Company, filed with the United States Patent Office a patent application entitled "Polymerizable Nitrile and Polymeric Product Obtained Therefrom."1 Subsequently, Du Pont, applicants' assignee, duly prosecuted the application in accordance with the requirements of law and the rules of the Patent Office. On September 27, 1957, the Primary...

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