Canadian-American Pharmaceutical Co. v. Coe

EDGERTON, Associate Justice.

This is a suit1 to obtain a patent on En-sol, a medicine for reducing the pain of cancer, and on processes for its manufacture. The District Court dismissed the complaint on the ground that the disclosures lacked utility.2

There was testimony to the following effect. Dr. Hendry C. Connell, the physician who originated Ensol, has supervised its use in 800 to 1000 painful cancer cases. In over 90 per cent of these cases, pain was reduced; less sedative was required. Pain was reduced in 279 of 289 painful cancer cases which were studied by his father, Dr. James C.…