Frank Peter Doyle v. Edward J. Brenner, Commissioner of Patents

LEVENTHAL, Circuit Judge.

This case arises out of proceedings in the Patent Office in which appellants applied for a patent involving phenoxacetylpenicillanic acid (6-APA), a reagent in a penicillin producing process. After appellants’ application was rejected as unpatentable, the District Court reversed a Patent Office determination that another application involving 6-APA, that of a Mr. Sheehan, was unpatentable on grounds of obviousness. 1 Accordingly, appellants asked for reconsideration of their rejection and for a declaration of interference with Sheehan. The Patent Office notified…