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STUDIENGESELLSCHAFT KOHLE mbH v. NORTH. PETROCHEM.

Appeal No. 85-1054.

784 F.2d 351 (1986)

STUDIENGESELLSCHAFT KOHLE mbH, as Trustee for the Max-Planck-Institut für Kohlenforschung, Appellant, v. NORTHERN PETROCHEMICAL COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

February 10, 1986.

Attorney(s) appearing for the Case

Arnold Sprung, Sprung, Horn, Kramer & Woods, New York City, for appellant. With him on brief was Nathaniel D. Kramer.

Edmund J. Sease, Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, for appellee. With him on brief was Dennis L. Thomte; Donald F. Haas, Omaha, Neb., of counsel.

Thomas F. Reddy, Jr., Stanton T. Lawrence, III, and Joseph V. Colaianni, Pennie & Edmonds, New York City, were on brief, for amicus curiae, El Paso Products Co.

Gordon R. Coons and Bruce M. Gagala, Leydig, Voit, Osann, Mayer & Holt, Ltd., Chicago, Ill., were on brief, for amicus curiae, Union Carbide Corp. Thomas I. O'Brien and Paul W. Leuzzi, II, Danbury, Conn., also on brief.

Before NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

PER CURIAM.

The judgment of the United States District Court for the Northern District of Illinois, Studiengesellschaft Kohle mbH v. Northern Petrochemical Company, 225 USPQ 194 (N.D.Ill.1984), which held invalid all the claims of United States Patent No. 4,125,698 (the '698 process patent) on the basis of double patenting with United States Patent No. 3,113,115 (the '115 catalyst patent), is reversed.

The ruling of the district court that the appellant...

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