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PROTEIN FOUNDATION, INC. v. BRENNER

Civ. A. No. 3131-65.

260 F.Supp. 519 (1966)

PROTEIN FOUNDATION, INC, Plaintiff, v. Edward J. BRENNER, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

November 2, 1966.

Attorney(s) appearing for the Case

Rowland V. Patrick and Charles Winchester, Boston, Mass., and Dos T. Hatfield, Washington, D. C., for plaintiff.

Joseph Schimmel, Sol., and Jere Sears, Washington, D. C., for defendant.

OPINION

HOLTZOFF, District Judge.

In this case the application was rejected by the Patent Office as having been described in a printed publication more than one year prior to the date of the application for patent, 35 U.S.C. § 102(b). The disclosure was in a magazine. The issue of the magazine containing the disclosure was mailed in bulk in Menasha, Wisconsin on Wednesday, January 4, 1961. Admittedly the shipment was placed on a mail train to Chicago...

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