CAMPBELL, District Judge.
This is an action brought pursuant to the provisions of section 4915 of the Revised Statutes, now title 35, § 63, of the Code of Laws of the United States, in effect December 7, 1925, as amended by Act of March 2, 1927, § 11, which reads as follows:
"Sec. 4915. Whenever a patent on application is refused by the Commissioner of Patents, the applicant, unless appeal has been taken from the decision of the board of appeals...
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