STEPHENS, Associate Justice:
This is an appeal from a judgment of the District Court of the United States for the District of Columbia dismissing the appellant's action brought under Rev.Stat. 1875, § 4915, 35 U.S.C.A. § 63, to authorize the Commissioner of Patents to issue to the appellant a patent containing claims 5, 6 and 7 of application Serial No. 18,092, filed April 25, 1935, by Bernard Long, and thereafter assigned to the appellant. Claim 5 which...
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