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DOWLING v. JONES

No. 48.

67 F.2d 537 (1933)

DOWLING et al. v. JONES.

Circuit Court of Appeals, Second Circuit.

November 13, 1933.

Attorney(s) appearing for the Case

Samuel E. Darby, Jr., of New York City (Darby & Darby and Samuel E. Darby, all of New York City, of counsel), for appellant.

Duell, Dunn & Anderson, of New York City (R. Clyde Cruit, of Washington, D. C., and Robert E. Kanode, of Baltimore, Md., of counsel), for appellees.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is a suit under R. S. § 4915 (35 US CA § 63), to "authorize" the Commissioner of Patents to issue a patent to the plaintiffs, assignees of one Mas, for a design to be used upon bottles. The facts are very fully stated in the opinion below, and we need not repeat them here. Mas's earlier conception is, as we understand it, conceded; at any rate it was proved beyond any possible doubt to go back of 1924, and the Patent Office so...

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