Ellis-Foster Company and Montclair Research Laboratories v. Union Carbide and Carbon Corporation

BIGGS, Chief Judge.

This is an appeal from an order of the court below dismissing an action brought by the plaintiffs pursuant to Section 146 of Title 35 U.S.C. on the ground that jurisdiction of the subject matter was lacking. For purposes of clarity the appellants, Ellis-Foster Company and Montclair Research Laboratories will be designated as the plaintiffs, and the ap-pellee, Union Carbide and Carbon Corporation, will be called the defendant. 1

On June 27, 1946, the plaintiffs-appellants, Ellis-Foster Company and Mont-clair Research Corporation, filed their patent application No. 679,856. On…