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SUMMERHAYS v. COE

No. 7134.

105 F.2d 73 (1939)

SUMMERHAYS v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Decided April 10, 1939.

Attorney(s) appearing for the Case

Lee L. Townshend, of Washington, D. C., for appellant.

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

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

VINSON, Associate Justice.

The appellant, Edgar J. Summerhays, is the assignee of an application for letters patent filed in the United States Patent Office on June 21, 1926 by William C. Scheu for improvement in smokeless orchard heaters. During the pendency of the application, division was required by the Patent Office, which was met by the cancellation of all claims except those which were granted in patent No. 1,655,569, issued on January 10, 1928. On January...

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