IN RE HORTON

Patent Appeal No. 2933.

58 F.2d 682 (1932)

In re HORTON.

Court of Customs and Patent Appeals.

May 23, 1932.


Attorney(s) appearing for the Case

Eugene L. Culver, of Washington, D. C., for appellant.

T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.

H. G. Grover, of New York City (Harry Tunick, of New York City, of counsel), amicus curiæ.

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


GRAHAM, Presiding Judge.

The appellant, Harry M. Horton, filed his petition on July 5, 1928, for an extension of his patent, No. 1,165,412, dated December 28, 1915, under the provisions of the Act of May 31, 1928, 45 Stat. 1012 (35 USCA §§ 40a-40d).

The statute in question provides, in brief, that any person who served honorably in the military or naval forces of the United States at any time between April 6, 1917, and November 11, 1918, both dates...

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