GAMS v. COE

No. 7159.

105 F.2d 46 (1939)

GAMS et al. v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Decided April 3, 1939.


Attorney(s) appearing for the Case

E. F. Wenderoth and A. Ponack, both of Washington, D. C., for appellants.

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

Before STEPHENS, MILLER, and EDGERTON, Associate Justices.


PER CURIAM.

This is an appeal from a decree of the District Court dismissing a bill in equity brought under Section 4915, R.S. (U.S.C., tit. 35, § 63, 35 U.S.C.A. § 63), to obtain a patent. The bill was dismissed on the ground that plaintiffs had filed in the Patent Office notice of appeal from the board of appeals of the Patent Office to the United States Court of Customs and Patent Appeals.

The pertinent portions of U.S.C., tit. 35, U.S.C.A. tit...

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