National Distillers & Chemical Corporation v. Edward J. Brenner, Commissioner of Patents

Appellant brought an action under 35 U.S.C. § 145 to authorize the issuance of a patent for a certain polyethylene composition suitable for extrusion coating (as on milk cartons). The case was tried January 20, 1966, before Judge Jackson, who stated during trial that he was disposed to decide in favor of appellant but first wanted briefs directed to the law. Upon Judge Jackson’s disability before decision, the parties “stipulated that an other judge may decide this case based on the proceedings before Judge Jackson.” The case was assigned to Judge Holtzoff, who heard arguments December 13 and…