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LARSEN v. MARZALL

No. 11008.

195 F.2d 200 (1952)

LARSEN v. MARZALL, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided March 6, 1952.

Attorney(s) appearing for the Case

John H. Bruninga, St. Louis, Mo., with whom Richard G. Radue, Washington, D. C., was on the brief, for appellant.

H. S. Miller, 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 EDGERTON, PRETTYMAN and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

Appellant Delmar Larsen seeks to obtain a patent, in a suit brought under R.S. § 4915, 35 U.S.C.A. § 63, covering a fluid composition to be used in the drilling of oil wells.1 The Patent Office denied the application because it thought Larsen had not sufficiently shown that he had completed his invention prior to disclosure of the composition in the earlier application of a third party. This view was...

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