ELI LILLY AND COMPANY v. BRENNER

No. 20083.

375 F.2d 599 (1967)

ELI LILLY AND COMPANY, Appellant, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 29, 1967.


Attorney(s) appearing for the Case

Mr. Dugald S. McDougall, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. James H. Littlepage, Washington, D. C., was on the brief, for appellant.

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

Before BASTIAN, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.


BURGER, Circuit Judge:

Appellant brought suit under 35 U. S.C. § 145 (1964) claiming it was entitled to a patent denied by the Patent Office. This appeal challenges the District Court's grant of the Commissioner's motion for summary judgment and denial of Appellant's motion.

Appellant is the assignee of Richard T. Rapala. The Patent Office and the District Court denied it a patent on the ground that Rapala's invention, which relates to modified steroids...

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