MAS v. ROOT

No. 2826.

54 F.2d 435 (1932)

MAS v. ROOT.

Court of Customs and Patent Appeals.

January 4, 1932.


Attorney(s) appearing for the Case

R. Clyde Cruit, of Washington, D. C., for appellant.

Arthur M. Hood, William P. Hahn, and Harold B. Hood, all of Indianapolis, Ind., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.


BLAND, Associate Judge.

This appeal is an interference case between two copending applications for a patent for a design for a bottle.

Each of the lower tribunals assumed, without deciding, that the appellant was the first to conceive (about 1920) the subject-matter of the count which reads "the ornamental design for a bottle as shown." Both of the lower tribunals held that Root made his invention in July, 1923, and that it was not necessary for them to determine...

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