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REMBERT v. COE

No. 8185.

136 F.2d 793 (1943)

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

United States Court of Appeals for the District of Columbia.

Decided June 14, 1943.

Attorney(s) appearing for the Case

Mr. Clair W. Fairbank, of New York City, with whom Messrs. Virgil C. Kline, and Harry A. Mitman, both of New York City, and Lee B. Kemon, of Washington, D. C., were on the brief, for appellant.

Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., for appellee.

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

MILLER, Associate Justice.

The Patent Office denied the application of Rembert and Jenkins for a patent upon a cementitious composition and article, and for the method of making them. In a proceeding under Revised Statutes, Section 4915,1 the District Court decided that nothing recited in appellants' claims amounts to an invention over the prior art; and dismissed the complaint.

On this appeal, the utility and commercial success...

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