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E. I. duPONT de NEMOURS AND CO. v. CELANESE CORPORATION

No. 68 Civ. 723.

309 F.Supp. 29 (1969)

E. I. duPONT de NEMOURS AND COMPANY, a corporation, Plaintiff, v. CELANESE CORPORATION, a corporation, Columbia Ribbon and Carbon Manufacturing Co., Inc., a corporation, and Angelo Vaccaro, Defendants.

United States District Court S. D. New York.

September 3, 1969.

Attorney(s) appearing for the Case

Ward, McElhannon, Brooks & Fitzpatrick, New York City, for plaintiff.

Proskauer, Rose, Goetz & Mendelsohn, New York City, for defendant Celanese Corp.

OPINION

TYLER, District Judge.

In this suit brought pursuant to 35 U.S.C. § 146 to determine priority of invention,1 plaintiff moves for summary judgment declaring the count in interference unpatentable. The motion, therefore raises the question, apparently of first instance in this circuit,2 of whether a district court may summarily consider and resolve an issue of patentability in such a suit...

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