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MORRISON v. COE

No. 7721.

127 F.2d 737 (1942)

MORRISON v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Decided February 9, 1942.

Attorney(s) appearing for the Case

Mr. Donald M. Carter, of Chicago, Ill., with whom Mr. Spencer B. Michael, of Washington, D. C., was on the brief, for appellant.

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

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

RUTLEDGE, Associate Justice.

The appeal challenges a judgment for the Commissioner of Patents in a suit brought under Rev.Stat. § 4915 (1878), 35 U.S.C.A. § 63 (1934), to authorize and compel him to issue a patent to plaintiff for a room-cooling system. The Patent Office and the trial court held it not inventive.

The system is intended to cool only the lower portion of the room, that is, the part actually occupied by human bodies. As plaintiff regards...

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