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IN RE NATTA

No. 16608.

388 F.2d 215 (1968)

In re NATTA et al., Movant in the United States Patent Office Before the Examiner of Interferences, Interference No. 89634. HOGAN et al. v. ZLETZ v. BAXTER et al. v. NATTA et al. E. I. duPont de Nemours & Co., Appellant.

United States Court of Appeals Third Circuit.

Decided January 4, 1968.

Attorney(s) appearing for the Case

James M. Tunnell, Jr., Morris, Nichols, Arsht & Tunnell, Wilmington, Del. (David A. Drexler, Wilmington, Del., on the brief), Louis F. Reed, Fish, Richardson & Neave, New York City, of counsel, for appellant.

Morris, James, Hitchens & Williams, Wilmington, Del. (Edmund D. Lyons, Wilmington, Del., Mary Helen Sears, Irons, Birch, Swindler & McKie, Washington, D. C., on the brief), for appellee. Edward S. Irons, Irons, Birch, Swindler & McKie, Washington, D. C., Harvey W. Mortimer, Darby & Darby, New York City, Cox, Langford & Brown, Washington, D. C., of counsel.

Before McLAUGHLIN, GANEY and SEITZ, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant, E. I. duPont de Nemours & Co., appeals under 28 U.S.C. § 1292(b) from an order of the District Court directing it to produce certain documents to appellee, Natta (hereinafter called Montecatini) movant below. The order granted Montecatini discovery of the books and records of duPont pursuant to 35 U.S.C. § 24 in aid of Montecatini's case in an interference proceeding pending before the Board of Patent Interferences...

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