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NATIONAL DISTILLERS & CHEMICAL CORPORATION v. BRENNER

No. 20932.

389 F.2d 927 (1967)

NATIONAL DISTILLERS & CHEMICAL CORPORATION, Appellant, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 14, 1967.

Attorney(s) appearing for the Case

Mr. A. Yates Dowell, Jr., Washington, D. C., with whom Messrs. A. Yates Dowell, Jr., and Allen A. Meyer, Jr., New York City, were on the brief, for appellant.

Mr. Jack E. Armore, Washington, D. C., Attorney, with whom Mr. Joseph Schimmel, Washington, D. C., Solicitor, was on the brief, for appellee.

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

PER CURIAM:

Appellant brought an action under 35 U.S.C. § 145 to authorize the issuance of a patent for a certain polyethylene composition suitable for extrusion coating (as on milk cartons). The case was tried January 20, 1966, before Judge Jackson, who stated during trial that he was disposed to decide in favor of appellant but first wanted briefs directed to the law. Upon Judge Jackson's disability before decision, the parties "stipulated that another

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