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COMMISSIONER OF PATENTS v. DEUTSCHE GOLD-UND-SILBER-S., ETC.

No. 20182.

397 F.2d 656 (1968)

COMMISSIONER OF PATENTS, Appellant, v. DEUTSCHE GOLD-UND-SILBER-SCHEIDEANSTALT VORMALS ROESSLER, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 8, 1968.

Attorney(s) appearing for the Case

Messrs. Joseph Schimmel, Solicitor, and Raymond E. Martin, Atty., United States Patent Office, for appellant.

Mr. Jennings Bailey, Jr., Washington, D. C., with whom Mr. Hugo Huettig, Jr., Washington, D. C., was on the brief, for appellee.

Messrs. Charles E. Feeny, Philadelphia, Pa., Donald R. Dunner and Herbert I. Sherman, Washington, D. C., filed a brief on behalf of The American Patent Law Association, as amicus curiae. Messrs. Ellsworth H. Mosher, Washington, D. C., also entered an appearance for amicus curiae.

Before BAZELON, Chief Judge, BURGER and ROBINSON, Circuit Judges.

BURGER, Circuit Judge:

The Commissioner of Patents appeals from an order of the District Court directing him to issue a patent to Appellee on two claims of a patent application.1 Appellee, a West German corporation, is the assignee of the application, entitled "Thiophenylpyridyl Amine, Chlorothiophenylpyridyl Amine, Their Salts and Preparation." Claim 1 is generic, consisting of an ammonia-derivative...

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