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HOOVER CO. v. COE

No. 8602.

144 F.2d 514 (1944)

HOOVER CO. v. COE, Commissioner of Patents.

United States Court of Appeals District of Columbia.

Decided July 10, 1944.

Writ of Certiorari Granted November 6, 1944.

Attorney(s) appearing for the Case

Messrs. Richard R. Fitzsimmons and William D. Sellers, both of Chicago, Ill., with whom Mr. William S. Hodges, of Washington, D. C., was on the brief, for appellant.

Mr. R. F. Whitehead, 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, EDGERTON and ARNOLD, Associate Justices.

Writ of Certiorari Granted November 6, 1944. See 65 S.Ct. 121.

ARNOLD, Associate Justice.

Both parties to this suit claim that the sole issue involved is whether the patent claims set out in the complaint are supported by plaintiff's application. One of these claims has been copied from another patent. Others are substantially the same as the claims in the second patent, yet all of them were formulated for the express purpose of provoking interference proceedings...

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