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HAZELTINE RESEARCH, INC. v. BRENNER

No. 57.

382 U.S. 252 (1965)

HAZELTINE RESEARCH, INC., ET AL. v. BRENNER, COMMISSIONER OF PATENTS.

Supreme Court of United States.

Decided December 8, 1965.

Attorney(s) appearing for the Case

Laurence B. Dodds argued the cause for petitioners. With him on the briefs was George R. Jones.

J. William Doolittle argued the cause for respondent. On the brief were Solicitor General Marshall, Assistant Attorney General Douglas and Lawrence R. Schneider.

Irwin M. Aisenberg filed a brief, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

The sole question presented here is whether an application for patent pending in the Patent Office at the time a second application is filed constitutes part of the "prior art" as that term is used in 35 U. S. C. § 103 (1964 ed.). which reads in part:

"A patent may not be obtained . . . if the differences between the subject matter sought to be patented and the prior art are such that the subject...

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