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ASSEFF v. MARZALL

No. 10520.

189 F.2d 660 (1951)

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

United States Court of Appeals District of Columbia Circuit.

Decided April 26, 1951.

Attorney(s) appearing for the Case

Oscar C. Limbach, Cleveland, Ohio, of the Bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, 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. C. W. Moore, United States Patent Office, Washington, D. C., also entered an appearance for appellee.

Before WILBUR K. MILLER and FAHY, Circuit Judges, and ROBERT N. WILKIN, District Judge (retired), sitting by designation.

WILBUR K. MILLER, Circuit Judge.

Peter A. Asseff filed a patent application on September 9, 1942, and later assigned his right, title and interest therein and thereto to The Lubri-Zol Corporation. After adverse action on the application by the Commissioner of Patents, Asseff and his assignee filed a complaint under R.S. § 4915, 35 U.S.C.A. § 63, asking the United States District Court for the District of Columbia to authorize the grant of a patent containing...

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