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STRAUB v. COE

No. 8267.

137 F.2d 252 (1943)

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

United States Court of Appeals for the District of Columbia.

Decided June 30, 1943.

Attorney(s) appearing for the Case

Mr. P. E. Henninger, of Washington, D. C., for appellants.

Mr. Clarence W. Moore, of Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., appeared on the brief, for appellee.

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

MILLER, Associate Justice.

This is an appeal from a judgment of the District Court, dismissing appellants' complaint in a proceeding under R.S. § 49151 for the issuance of a patent. The complaint alleged that appellant, Straub, is the inventor of "a certain food product adapted to stimulate calcium metabolism in the body to insure proper bone formation and growth." The invention claimed is, however, not for a process. Each of the...

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