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UNION METAL MFG. CO. v. OOMS

No. 9115.

154 F.2d 857 (1946)

UNION METAL MFG. CO. et al. v. OOMS, Commissioner of Patents.

United States Court of Appeals District of Columbia.

Decided April 15, 1946.

Attorney(s) appearing for the Case

Mr. Everett R. Hamilton, of Canton, Ohio, of the Bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, with whom Messrs. Harry Frease, of Canton, Ohio, and Edward R. Walton, Jr., of Washington, D. C., were on the brief, for appellants.

Mr. H. S. Mackey, 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 EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Associate Justices.

PER CURIAM.

The appellants sued in the District Court under the provisions of § 4915, R.S., U.S. C.A. Title 35, § 63, to have it adjudged that the appellant, The Union Metal Manufacturing Company, is entitled to receive a patent containing claims 1 and 2 of application Serial No. 513,730. From a judgment holding that neither of the claims is patentable, they appeal.

Claims 1 and 2 of the application read as follows:

"1. A longitudinal compression...

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