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MINNESOTA MINING & MFG. CO. v. COE

No. 6940.

100 F.2d 429 (1938)

MINNESOTA MINING & MFG. CO. v. COE.

United States Court of Appeals for the District of Columbia.

Rehearing Denied December 9, 1938.

Attorney(s) appearing for the Case

H. H. Benjamin, of Washington, D. C., and William H. Abbott, of Chicago, Ill., for appellant.

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

Frank E. Liverance, Jr., of Grand Rapids, Mich., and John Boyle, Jr., of Washington, D. C., amici curiæ.

Before GRONER, STEPHENS and MILLER, Associate Justices.

MILLER, Associate Justice.

On October 28, 1925, Klein and Brown, appellant's predecessors in interest, applied for a patent upon a process for the manufacture of waterproof sheet abrasive material, in the nature of sandpaper. On October 9, 1928, a patent was issued to them containing four claims. Subsequent thereto Klein and Brown surrendered their patent, alleging the specification to be defective and insufficient; and on October 2, 1930, they applied for its reissue...

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