NIXON v. MARZALL

No. 10691.

186 F.2d 352 (1950)

NIXON et al. v. MARZALL, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1950.


Attorney(s) appearing for the Case

Mr. Clarence B. Des Jardins, Cincinnati, Ohio, with whom Messrs. Howard T. Keiser, Cincinnati, Ohio, and Watts T. Estabrook, Washington, D. C., were on the brief, for appellant. Mr. William T. Estabrook, Washington, D. C., also entered an appearance for appellant.

Mr. Clarence W. Moore, United States Patent Office, Washington, D. C., with whom Mr. E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before MILLER, FAHY, and WASHINGTON, Circuit Judges.


FAHY, Circuit Judge.

Questioned by this appeal is the judgment of the United States District Court for the District of Columbia in proceedings under § 4915, R.S., 35 U.S.C.A. § 63, in which plaintiffs, who are now appellants, sought a decree authorizing issuance to them of a patent on certain claims. The primary examiner of the Patent Office had rejected the claims and his decision had been approved by the Board of Appeals of the Patent Office.

The...

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