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SCHERING CORP. v. MARZALL

Civ. No. 4861-50.

101 F.Supp. 571 (1951)

SCHERING CORP. v. MARZALL, Commissioner of Patents.

United States District Court District of Columbia.

Decided December 6, 1951.

Attorney(s) appearing for the Case

Joseph Hirschman, New York City, for plaintiff.

Joseph Schimmel, Washington, D. C., for defendant.

HOLTZOFF, District Judge.

This is an action against the Commissioner of Patents, under Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, to procure the issuance of a patent which the Commissioner has declined to grant.

The application for a patent relates to the drug known as penicillin. The alleged invention was developed by Erwin Schwenk and Gerhard A. Fleischer, in the laboratory of Schering Corporation. The two inventors were members of the...

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