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STERLING DRUG, INC. v. BRENNER

Civ. A. No. 373-65.

256 F.Supp. 1000 (1966)

STERLING DRUG, INC., Plaintiff, v. Edward J. BRENNER, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

August 3, 1966.

Attorney(s) appearing for the Case

Dean Laurence, Herbert I. Sherman, Laurence & Laurence, Washington, D. C., for plaintiff.

Joseph Schimmel, Sol., Raymond E. Martin, Washington, D. C., of counsel, for defendant.

FINDINGS OF FACT

JACKSON, District Judge.

1. Plaintiff, as assignee of Carlo Concilio, Piero Lanza and Mario Preti, brought this action under 35 U.S.C. § 145, seeking a judgment from this Court authorizing the defendant, Commissioner of Patents, to issue a patent to plaintiff containing Claims 2, 3, 4 and 7 of Concilio et al. application Serial No. 101,656, filed April 10, 1961, entitled "Threo-3-(p-methylsulfonylphenyl) - 2 - dichloroacetamido-1-(aminoacetoxy...

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