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SMITH v. KINGSLAND

No. 9660.

178 F.2d 26 (1949)

SMITH v. KINGSLAND, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided September 6, 1949.

Attorney(s) appearing for the Case

Mr. W. B. Morton, New York City, with whom Mr. Clarence M. Fisher, Washington, D. C., was on the brief, for appellant.

Mr. Joseph Schimmel, Attorney, United States Patent Office, Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before STEPHENS, Chief Judge, and WILBUR K. MILLER and PROCTOR, Circuit Judges.

WILBUR K. MILLER, Circuit Judge.

Forrest H. Smith appeals from a judgment of the United States District Court for the District of Columbia which refused relief in his suit to obtain a patent, brought under § 4915 of the Revised Statutes, 35 U.S.C.A. § 63. The District Court held that "The claims at bar are for the same invention as claim 2 of plaintiff's patent 2,051,348, and are unpatentable in the application at bar, because to allow said claims would...

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