THOMPSON, Circuit Judge.
This appeal is from a decree of the District Court for the District of New Jersey dismissing the appellants' bill of complaint and amended bill of complaint filed under R. S. § 4915, as amended (35 US CA § 63). This section provides: "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 to the United States Court of Customs...
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