Eli Lilly and Company v. Edward J. Brenner, Commissioner of Patents

BURGER, Circuit Judge:

Appellant brought suit under 35 U. S. C. § 145 (1964) claiming it was entitled to a patent denied by the Patent Office. This appeal challenges the District Court’s grant of the Commissioner’s motion for summary judgment and denial of Appellant’s motion.

Appellant is the assignee of Richard T. Rapala. The Patent Office and'the District Court denied it a patent on the ground that Rapala’s invention, which relates to modified steroids having medical utility, was unpatentable over disclosures in a patent granted to Feather, which was filed in Great Britain on September 24,…