PHILLIPS PETROLEUM COMPANY v. BRENNER

Civ. A. No. 1436-66.

260 F.Supp. 45 (1966)

PHILLIPS PETROLEUM COMPANY, Plaintiff, v. Edward J. BRENNER, United States Commissioner of Patents, Defendant.

United States District Court District of Columbia.

October 19, 1966.


Attorney(s) appearing for the Case

Sidney Neuman and Robert L. Austin, Chicago, Ill., E. Eugene Innis, Bartlesville, Okl., and Paul L. Gomory, Washington, D. C., for plaintiff.

Joseph Schimmel and George C. Roeming, Washington, D. C., for defendant.


OPINION

HOLTZOFF, District Judge.

This is an action against the Commissioner of Patents for a declaratory judgment and an injunction. The plaintiff is a party to an interference proceeding pending in the Patent Office. The declaratory judgment sought is an adjudication that certain interlocutory rulings, which will be hereafter mentioned, made by the Patent Office tribunals during the pendency of the proceeding, are erroneous and an injunction is prayed...

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