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MILLS v. COE

No. 7038.

99 F.2d 992 (1938)

MILLS v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Decided September 26, 1938.

Attorney(s) appearing for the Case

Howard W. Vesey, Percy H. Russell, Jr., and C. Russell Riordon, all of Washington, D. C., and Carl S. Lloyd, of Chicago, Ill., for appellant.

R. F. Whitehead, Solicitor, United States Patent Office, and W. W. Cochran, both of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and MILLER, Associate Justice, and PROCTOR, Associate Justice of the District Court of the United States for the District of Columbia.

MILLER, Associate Justice.

The Patent Office rejected appellant's application for a patent covering a refrigerating apparatus designed for freezing ice cream in commercial establishments. Appellant sued under the provisions of Section 4915, R.S., 35 U.S.C.A. § 63. This appeal is from a decree dismissing his bill.

The lower court made findings as follows:

"2. Plaintiff's application relates to an ice cream freezer construction. The container for...

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