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JOHNS-MANVILLE CORPORATION v. LADD

No. 17914.

328 F.2d 563 (1964)

JOHNS-MANVILLE CORPORATION, Appellant, v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 6, 1964.

Attorney(s) appearing for the Case

Mr. Irvin H. Rimel, Washington, D. C., with whom Messrs. Robert M. Krone and Joseph J. Kelly, Manville, N. J., were on the brief, for appellant.

Mr. S. William Cochran, Attorney, United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee.

Before BASTIAN, BURGER and WRIGHT, Circuit Judges.

WRIGHT, Circuit Judge.

This case presents for our consideration the elusive concept and much mooted issue of patentability.1 Appellant asks this court to recognize as invention four claims in a patent application submitted by one of its employees. The claims were rejected by the Examiner, by the Patent Office Board of Appeals, and by the District Court, as being lacking in invention over the claims of a patent previously issued to another...

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