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LINE MATERIAL CO. v. COE

No. 8491.

144 F.2d 518 (1944)

LINE MATERIAL CO. et al. v. COE, Commissioner of Patents.

United States Court of Appeals District of Columbia.

Decided July 10, 1944.

Attorney(s) appearing for the Case

Mr. Charles F. Meroni, of Chicago, Ill., with whom Mr. William A. Smith, Jr., of Washington, D. C., was on the brief, for appellants. Mr. William J. Cerny, of Washington, D. C., also entered an appearance for appellants.

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

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

PER CURIAM.

This is in form a suit under Section 4915, R.S., 35 U.S.C.A. § 63, to compel the issuance of a patent on three claims which were refused by the Patent Office on the sole ground that they constituted new matter not disclosed in the application. The court below made findings in accordance with the rulings of the Patent Office and dismissed the complaint.

It appears from the record that plaintiffs' original application became involved in interference...

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