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CALIFORNIA RESEARCH CORPORATION v. LADD

No. 19375.

356 F.2d 813 (1966)

CALIFORNIA RESEARCH CORPORATION et al., Appellants, v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 4, 1966.

Attorney(s) appearing for the Case

Mr. Frank E. Johnston, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, for appellants. Mr. Wayne L. Benedict, Washington, D. C., was on the brief for appellants.

Mr. Raymond E. Martin, Atty., U. S. Patent Office, with whom Mr. Clarence W. Moore, Solicitor, U. S. Patent Office, at the time the brief was filed, was on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge.

This is an appeal from the dismissal of an action pursuant to 35 U.S.C. § 145 for a judgment that appellants are entitled to a patent for a "gasoline composition," a knock-resistant fuel for automobiles.

The corporate appellant, the research subsidiary of Standard Oil Company of California, is the employer and assignee of the individual appellants, Barusch et al., who on September 26, 1958, filed application for patent, Serial...

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