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CORNING GLASS WORKS v. BRENNER

Nos. 71-1424, 71-1425.

470 F.2d 410 (1972)

CORNING GLASS WORKS and Ellen L. Mochel, Appellants, v. Edward J. BRENNER, Commissioner of Patents, Appellee. CORNING GLASS WORKS and Ellen L. Mochel, Appellants, v. William E. SCHUYLER, Jr., Commissioner of Patents, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 16, 1972.

Rehearing Denied January 26, 1973.

Attorney(s) appearing for the Case

Mr. W. Philip Churchill, New York City, with whom Mr. Austin P. Dodge,

Washington, D. C., was on the brief, for appellants.

Mr. Joseph F. Nakamura, Atty., U. S. Patent Office, Washington, D. C., with whom Mr. S. Wm. Cochran, Sol., U. S. Patent Office, was on the brief, for appellee.

Before McGOWAN and MacKINNON, Circuit Judges, and JAMESON, Senior District Judge.

JAMESON, District Judge:

Appellants, Ellen L. Mochel, an applicant for a patent, and her assignee, Corning Glass Works, brought two actions under 35 U.S.C. Section 145 seeking a judgment directing the Commissioner of Patents to issue a patent for an invention entitled "Method of Glass Treatment and Product." The cases were consolidated for trial, and a judgment of dismissal was entered in each case,1 the district court sustaining the finding...

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