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MONTGOMERY WARD & CO. v. COE

No. 8282.

139 F.2d 17 (1943)

MONTGOMERY WARD & CO., Inc., v. COE, Commissioner of Patents.

United States Court of Appeals. District of Columbia.

Decided November 29, 1943.

Attorney(s) appearing for the Case

Mr. Francis P. Keiper, of Chicago, Ill., with whom Mr. Earle D. Crammond, of Washington, D. C., was on the brief, for appellant.

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

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

EDGERTON, Associate Justice.

The District Court dismissed appellant's bill to obtain a patent1 on claims which the Patent Office had rejected for want of invention. The court found that the claims "are too broad and do not define an invention over the prior art."

The claims relate to "a sheet of wallpaper" and a method of making it. They involve printing on a single sheet bands of various colors, drying them, and then printing...

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