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FINKES v. COE

No. 8228.

134 F.2d 530 (1943)

FINKES et al. v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Decided March 29, 1943.

Attorney(s) appearing for the Case

Mr. Victor D. Borst, of New York City, with whom Mr. Charles J. Diller, of Washington, D. C., was on the brief, for appellant.

Mr. Clarence W. Moore, United States Patent Office, 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 MILLER, VINSON, and EDGERTON, Associate Justices.

PER CURIAM.

In a suit under R.S. § 4915, 35 U.S.C.A. § 63, the District Court declined to authorize the issue of a patent for an improved hollow-back shovel. The significant concept in the appealed claim is the thickening, in order to resist wear and breakage, of the longitudinal central portion of the shovel blade. The width of this central portion, "substantially one-fifth that of the back edge of the blade," and the rate at which it is tapered down, do...

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