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GILBERT v. MARZALL

No. 10208.

182 F.2d 389 (1950)

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

United States Court of Appeals District of Columbia Circuit.

Decided May 15, 1950.

Attorney(s) appearing for the Case

Mr. Henry L. Burkitt, New York City, with whom Mr. Robert I. Dennison, Washington, D. C., was on the brief, for appellants.

Mr. E. L. Reynolds, Solicitor, United States Patent Office, 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. George Morris Fay, United States Attorney, Washington, D. C., also entered an appearance for appellee.

Before WILBUR K. MILLER, PRETTYMAN, and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing a complaint brought under R.S. § 4915, 35 U.S.C.A. § 63, to authorize the issuance of a patent.

Appellants' machine is a device for spreading and folding layers of cloth or similar material. A carrier travels down a long table, spreading the cloth as it moves. Means are provided for catching and holding the cloth...

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