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MARX v. BROWN

No. 1935.

18 F.2d 827 (1927)

MARX v. BROWN.

Court of Appeals of District of Columbia.

Decided April 4, 1927.

Attorney(s) appearing for the Case

J. D. Rippey and L. C. Kingsland, both of St. Louis, Mo., for appellant.

D. L. Morris, of New York City, and D. U. Rich, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

ROBB, Associate Justice.

Appeal from a decision of the Commissioner of Patents in an interference proceeding, affirming the decision of the Examiners in Chief and awarding priority of invention to the party Brown; the Examiner of Interferences having awarded priority to Marx.

The invention is simple and involves a very slight improvement over the prior art. Claim 1 is sufficiently illustrative and reads as follows:

"1. A shoe as characterized comprising...

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