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DOUGLAS AIRCRAFT COMPANY, INC. v. MUELLER

Civ. A. No. 905-57.

194 F.Supp. 268 (1961)

DOUGLAS AIRCRAFT COMPANY, Inc., and Douglas H. Moreton, Plaintiffs, v. Frederick H. MUELLER, Secretary of Commerce, and Robert C. Watson, Commissioner of Patents, Defendants.

United States District Court District of Columbia.

April 25, 1961.

Attorney(s) appearing for the Case

Francis C. Browne, Joseph A. DeGrandi, Washington, D. C., for plaintiffs.

C. W. Moore, Solicitor, U. S. Patent Office, Washington, D. C., for defendants.

SIRICA, District Judge.

Plaintiffs filed an action under 35 U.S. C.A. § 145 seeking a judgment from this Court entitling them to receive a patent on their application, Serial No. 316,325 of October 22, 1952 entitled "Phosphonate Ester Hydraulic Fluid" for use in the hydraulic systems of aircraft operating at the low temperatures of high altitudes. A prior patent, issued to one Watson, also concerning an aircraft hydraulic fluid composition, taught that a mixture...

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