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PRUTTON v. MARZALL

No. 10704.

191 F.2d 341 (1951)

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

United States Court of Appeals District of Columbia Circuit.

Decided June 21, 1951.

Attorney(s) appearing for the Case

Oscar C. Limbach, of the Bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, Cleveland, Ohio, with whom Almon S. Nelson, Washington, D. C., was on the brief, for appellants.

Joseph Schimmel, United States Patent Office, Washington, D. C., with whom E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

This is a suit under R.S. 4915, 35 U.S.C. A. § 63, in which a patent is sought for a lubricating composition.1 From a judgment of the United States District Court for the District of Columbia dismissing the complaint, plaintiffs (appellants) take this appeal.

Appellants' basic claim is stated as follows:

"Claim 8: A lubricating composition comprising a major amount of a hydrocarbon lubricating...

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