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ALLEN v. COE

No. 8252.

135 F.2d 11 (1943)

ALLEN et al. v. COE, Com'r of Patents.

United States Court of Appeals for the District of Columbia.

Decided April 5, 1943.

Attorney(s) appearing for the Case

Mr. W. Brown Morton, of New York City, with whom Mr. Clarence M. Fisher, of Washington, D. C., was on the brief, for appellants.

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

Before PARKER, Circuit Judge, sitting by designation, and MILLER and EDGERTON, Associate Justices.

PARKER, Circuit Judge.

This is a suit under R.S. § 4915, 35 U.S. C.A. § 63, to require the Commissioner of Patents to issue a patent to plaintiffs covering the process of using spent distillers' grain mash in the production of yeast of a high vitamin content. Of the claims insisted on, claim six may be taken as typical. It is as follows:

"6. Method for producing high yields of yeast, high in baking strength and high in B Vitamin content, including...

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