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HYDRAULIC PRESS CORPORATION v. COE

No. 7794.

124 F.2d 521 (1941)

HYDRAULIC PRESS CORPORATION et al. v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Decided December 29, 1941.

Attorney(s) appearing for the Case

Mr. H. A. Toulmin, Jr., of Dayton, Ohio with whom Messrs. H. A. Toulmin and John M. Mason, both of Dayton, Ohio, were on the brief, for appellants.

Mr. Edwin L. Reynolds, of Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, was on the brief, for appellee.

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

EDGERTON, Associate Justice.

This is a suit under R.S. §§ 4915, 4916, 35 U.S.C.A. §§ 63, 64, to obtain the reissue of a patent. It has been assumed, and we assume without deciding, that the only question is that of invention. The application relates to surge valves for hydraulic presses. The claims include, among others, all those of the patent to be reissued, which is Ernst, No. 1,892,568. These old claims have been re-allowed. The controversy...

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