VANDENBERG v. E. I. DU PONT DE NEMOURS & COMPANY

Civ. A. Nos. 2794-64, 2795-64.

242 F.Supp. 188 (1965)

Edwin J. VANDENBERG, and Hercules Powder Company, Plaintiffs, v. E. I. DU PONT DE NEMOURS & COMPANY, Montecatini Societa Generale Per L'Industria Mineraria E. Chimica, Phillips Petroleum Company and Standard Oil Company, Defendants. Edwin J. VANDENBERG and Hercules Powder Company, Plaintiffs, v. Edward J. BRENNER, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

June 11, 1965.


Attorney(s) appearing for the Case

Paul L. Gomory, Washington, D. C., for defendant Phillips Pet. Co.

Solon B. Kemon, Washington, D. C., for plaintiffs Edwin J. Vandenberg & Hercules Powder Co.

Edward B. Beale, Washington, D. C., for defendant Standard Oil Co. of Indiana.

Frederick Schafer, Washington, D. C., for defendant E. I. DuPont DeNemours & Co.

Oscar Cox, Washington, D. C., for defendant Montecatini Societa Gen., and others.

Clarence W. Moore, Sol., U. S. Patent Office, Washington, D. C., for the Commissioner of Patents.


JACKSON, District Judge.

The motions to dismiss these two civil actions were consolidated for hearing. The actions arose from a decision by the Board of Patent Interferences on October 6, 1964, ruling that the plaintiffs were not the first inventors of subject matter with respect to which an interference had been declared. The interference (No. 89,634) was declared in September, 1958, and involved patent applications by Baxter (No. 556,548), Hogan (No. 558,538), Natta...

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