DOYLE v. BRENNER

No. 20297.

383 F.2d 210 (1967)

Frank Peter DOYLE et al., Appellants, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 21, 1967.


Attorney(s) appearing for the Case

Mr. Albert L. Jacobs, Jr., New York City, with whom Messrs. Albert L. Jacobs, New York City, and James W. Dent, Washington, D. C., were on the brief, for appellants. Mr. James E. Bryan, Washington, D. C., also entered an appearance for appellants.

Mr. Joseph Schimmel, Sol., U. S. Patent Office, for appellee.

Before BAZELON, Chief Judge, McGOWAN and LEVENTHAL, Circuit Judges.


LEVENTHAL, Circuit Judge.

This case arises out of proceedings in the Patent Office in which appellants applied for a patent involving phenoxacetylpenicillanic acid (6-APA), a reagent in a penicillin producing process. After appellants' application was rejected as unpatentable, the District Court reversed a Patent Office determination that another application involving 6-APA, that of a Mr. Sheehan, was unpatentable on grounds...

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