Ernest Samuel Nossen and E. S. Nossen Laboratories, Inc. v. The United States

ON PLAINTIFFS’ MOTION FOR REHEARING

Following the decision of this court, 416 F.2d 1362, 189 Ct.Cl. 1, (1969), that the patent claims were invalid and that the suit under Title 28 U.S.C. § 1498 (1964) must be dismissed, the plaintiffs have made a timely motion for rehearing under Rule 151. The motion must be and is denied for the reasons that follow:

Our conclusion that the claims were invalid rested entirely upon anticipating disclosures by a German scientist, a Dr. Geweeke, in a patent which the German patent office issued to him in 1932, No. 556,882, and in two articles Dr. Geweeke published…