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HOOVER CO. v. OOMS

No. 8602.

153 F.2d 123 (1946)

HOOVER CO. v. OOMS, Commissioner of Patents.

United States Court of Appeals District of Columbia.

Decided January 14, 1946.

Attorney(s) appearing for the Case

Mr. Richard R. Fitzsimmons, of Chicago, Ill., with whom Mr. William S. Hodges, of Washington, D. C., was on the brief, for appellant. Messrs. Dwight B. Galt, of Washington, D. C., and Alfred G. Gross, of Chicago, Ill., also entered appearances for appellant.

Mr. E. L. Reynolds, of Washington, D. C., with whom Messrs. W. W. Cochran, Solicitor, U. S. Patent Office, and R. F. Whitehead, U. S. Patent Office, both of Washington, D. C., were on the brief, for appellee.

Before ALBERT LEE STEPHENS, Circuit Judge sitting by designation, CLARK and WILBUR K. MILLER, Associate Justices.

WILBUR K. MILLER, Associate Justice.

The Hoover Company, assignee of Curtis C. Coons, sued under Section 4915, R.S. 35 U.S.C.A. § 63, to obtain a reissue patent. Claims 15, 16, 38 and 39 are copies or modified forms of the claims of Bergholm with respect to his patent, and were made for interference purposes.

Both Coons and Bergholm disclose an absorption type refrigerating system in which gas heat is used to create the chemical reaction of the solutions...

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