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COE v. HOBART MFG. CO.

Nos. 7221, 7222.

102 F.2d 270 (1939)

COE, Commissioner of Patents, v. HOBART MFG. CO. CUNNINGHAM v. SAME.

United States Court of Appeals for the District of Columbia.

Decided January 30, 1939.

Attorney(s) appearing for the Case

R. F. Whitehead, Solicitor, U. S. Patent Office, and W. W. Cochran, both of Washington, D. C., for appellant Coe.

Theodore A. Hostetler, of Washington, D. C., for appellant Cunningham.

Greer Marechal of Dayton, Ohio, Lee B. Kemon, of Washington, D. C., and Lawrence B. Biebel, of Dayton, Ohio, for appellees.

Before GRONER, Chief Justice, and STEPHENS and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

Plaintiff, the Hobart Manufacturing Company, filed a bill in equity in the United States District Court for the District of Columbia, ostensibly under Tit. 35, § 63, of the U.S. Code, 35 U.S.C.A. § 63 (R.S. § 4915), against Conway P. Coe, Commissioner of Patents, and Vincent W. Cunningham. The bill prayed that plaintiff and not Cunningham be adjudged entitled to a patent for improvements...

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