Esso Standard Oil Co. v. Universal Motor Oils Co., Inc

The appellee, Universal Motor Oils Co., Inc., filed a “Notice of Election” in this appeal to have all further proceedings by civil action. Appellant, Esso Standard Oil Company, filed a memorandum opposing the dismissal of this appeal on the ground that under the decision of this court in the case of Pennzoil Co. v. Hercules Powder Company, 95 F.2d 339, 25 C.C.P.A., Patents, 968, a “Notice of Election” is not available to the applicant who was successful before the Commissioner of Patents in the present opposition proceedings. The matter of the election and the opposition thereto was orally…