PHILLIPS PETROLEUM COMPANY v. BRENNER

Nos. 20626, 20677.

383 F.2d 514 (1967)

PHILLIPS PETROLEUM COMPANY, Appellant, v. Edward J. BRENNER, United States Commissioner of Patents, Appellee. PHILLIPS PETROLEUM COMPANY, Appellant, v. GOODRICH-GULF CHEMICALS, INC., and Monsanto Company, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1967.

Petition for Rehearing Denied August 16, 1967.


Attorney(s) appearing for the Case

Mr. Sidney Neuman, Chicago, Ill., with whom Mr. Paul L. Gomory, Washington, D. C., was on the brief, for appellant.

Mr. Joseph Schimmel, Sol., U. S. Patent Office, with whom Mr. George C. Roeming, Atty., U. S. Patent Office, was on the brief, for appellee in No. 20,626.

Mr. R. W. Furlong, Boston, Mass., of the bar of the Supreme Judicial Court of Massachusetts, pro hac vice, by special leave of court, with whom Mr. Dos T. Hatfield, Washington, D. C., was on the brief, for appellee Goodrich-Gulf Chemicals, Inc.

Messrs. Ellsworth H. Mosher, Washington, D. C., John D. Upham, St. Louis, Mo., and L. Bruce Stevens, Jr., Pontiac, Mich., were on the brief, for appellee Monsanto Co.

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


LEVENTHAL, Circuit Judge:

Appellant Phillips Petroleum Corporation (Phillips) brought an action against the Commissioner of Patents, and an accompanying action against two corporations, Goodrich-Gulf Chemicals, Inc., and Monsanto Company. The three companies are assignees of patent applications which were placed in interference by the Patent Office in July 1964. The alleged invention involves a process for producing polybutadiene polymers, used as a synthetic rubber...

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