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FREYN ENGINEERING CO. v. COE

No. 6335.

79 F.2d 134 (1935)

FREYN ENGINEERING CO. v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Decided June 10, 1935.

Attorney(s) appearing for the Case

E. W. Shepard, of Washington, D. C., and Ralph Munden, of Chicago, Ill., for appellant.

T. A. Hostetler, Sol., United States Patent Office, of Washington, D. C., for appellee.

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

ROBB, Associate Justice.

Appeal from a decree in the Supreme Court of the District dismissing appellant's bill on the ground that the 3 claims presented under section 4915, Rev. St., as amended (35 U. S. C. § 63 [35 USCA § 63]), are unpatentable.

We reproduce claim 1 as illustrative: "The method of operating a stationary fire tube boiler whose tubes are less than 3 inches in diameter and more than 1¾ inches in diameter and the length of which...

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