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BROWN v. GOTTSCHALK

No. 72-1252.

484 F.2d 813 (1973)

Louise H. BROWN et al., Appellants, v. Robert GOTTSCHALK, Commissioner of Patents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1973.

Attorney(s) appearing for the Case

Douglas E. Olson, Los Angeles, Cal., of the bar of the Supreme Court of California, pro hac vice by special leave of Court for appellants. Jesse B. Grove, Jr., Arlington, Va., was on the brief for appellants.

Jack E. Armore, Associate Sol., with whom S. William Cochran, Sol., U. S. Patent Office, was on the brief, for appellee.

Before GEORGE C. EDWARDS, Jr., Circuit Judge for the Sixth Circuit, ROBB, Circuit Judge, and GERHARD A. GESELL, District Judge for the United States District Court for the District of Columbia.

EDWARDS, Circuit Judge:

This is an appeal from the United States District Court for the District of Columbia dismissing a complaint filed under 35 U.S.C. § 145 (1970), which provides a civil action for issuance of a patent denied by the Board of Appeals of the United States Patent Office. Brown and Swidler are the inventors of a claimed chemical invention and Armour and Company is the assignee. Appellee Gottschalk is the Commissioner of Patents, whose refusal...

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