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STANDARD OIL DEVELOPMENT CO. v. MARZALL

No. 10026.

181 F.2d 280 (1950)

STANDARD OIL DEVELOPMENT CO. v. MARZALL, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided February 27, 1950.

Attorney(s) appearing for the Case

Mr. Jerome G. McKean, Houston, Texas, with whom Mr. William F. Weigester, Washington, D. C., was on the brief, for appellant.

Mr. Howard S. Miller, Washington, D. C., with whom Mr. W. W. Cochran, former Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee. Mr. E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., also entered appearance for appellee.

Before WILBUR K. MILLER, PROCTOR, and FAHY, Circuit Judges.

FAHY, Circuit Judge.

The Standard Oil Development Company appeals from a judgment of the United States District Court for the District of Columbia which dismissed its complaint, filed under Rev.Stat. § 4915, 35 U.S.C. § 63 (1946), 35 U.S.C.A. § 63, praying for a decree that the Commissioner of Patents allow certain claims for a patent. Appellant is assignee of Theodore A. Huber, the original applicant. Prior to institution of the action in the District...

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