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KRUPP NIROSTA CO. v. COE

No. 6832.

96 F.2d 1013 (1937)

KRUPP NIROSTA CO., Inc., et al. v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Rehearing Denied February 15, 1938.

Attorney(s) appearing for the Case

Roberts B. Larson, of Washington, D. C., and Fritz v. Briesen, of New York City, for appellants.

R. F. Whitehead, Solicitor of Patent Office, and Paul P. Stoutenburgh, both of Washington, D. C., for appellee.

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

ROBB, Associate Justice.

Appeal from a decree in the District Court dismissing appellants' bill, filed under section 4915, R.S., as amended, 35 U.S.C.A. § 63, seeking to authorize the issuance of a patent to appellant Krupp Nirosta Company (assignee of applicant Strauss).

The application is entitled "Austenitic Chromium-Nickel Steel Alloys" and originally the claims were for the alloy per se. Meeting with a rejection, the claims were canceled and claims...

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