NATIONAL LEAD CO. v. MARZALL

No. 10873.

198 F.2d 296 (1952)

NATIONAL LEAD CO. v. MARZALL

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1952.


Attorney(s) appearing for the Case

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

Mr. H. S. Miller, U. S. Patent Office, with whom Mr. E. L. Reynolds, Sol., U. S. Patent Office, was on the brief, for appellee.

Before CLARK, PROCTOR and FAHY, Circuit Judges.


FAHY, Circuit Judge.

This appeal seeks reversal of the action of the District Court, in proceedings under Rev.Stat. § 4915, as amended, 35 U.S.C. § 63 (1946), 35 U.S.C.A. § 63, holding that appellant, owner by assignment of a patent application, was not entitled to letters patent on certain claims therein set forth. The court found that the claims did not define an invention over the disclosures of the prior patent of Cannon (No. 2,109,858) and the...

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