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WINDEMUTH v. BRENNER

Civ. A. No. 209-66.

265 F.Supp. 487 (1967)

Erwin WINDEMUTH et al., Plaintiffs, v. Edward J. BRENNER, Commissioner of Patents, Defendant.

United States District Court District of Columbia.

March 20, 1967.

Attorney(s) appearing for the Case

John H. Sutherland, St. Louis, Mo., and Jesse B. Grove, Jr., Washington, D. C., for plaintiffs.

Raymond E. Martin, Washington, D. C., for defendant.

OPINION

HOLTZOFF, District Judge.

This is an action under Title 35, Section 145, U. S. Code, against the Commissioner of Patents to authorize him to issue a patent on a claim that he has rejected.

The application for a patent was made by Erwin Windemuth and another, and is numbered 678,437. It was filed on August 15, 1957, but claims a priority date of August 22, 1953, by reason of a German patent on the same invention.

The alleged invention...

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