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LEVINE v. COE

No. 7476.

119 F.2d 185 (1941)

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

United States Court of Appeals for the District of Columbia.

Petition for Rehearing Denied March 19, 1941.

Attorney(s) appearing for the Case

Edward W. Shepard, of Washington, D. C., Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., and George R. Ericson, of St. Louis, Mo., for appellant.

W. W. Cochran and H. S. Mackey, both of Washington, D. C., for appellee.

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

RUTLEDGE, Associate Justice.

The appeal is from dismissal of the complaint to authorize issuance of a patent, pursuant to Rev.Stat. § 4915, 35 U.S.C. § 63, 35 U.S.C.A. § 63, on certain claims relating to an automatic choke valve for automobile carburetors. The Patent Office and the trial court held that the claims in issue were anticipated by a patent (No. 1,945,191) issued to Hunt in January, 1934, pursuant to an application filed on May 4, 1931. Hunt...

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