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TAYLOR v. MARZALL

No. 11141.

196 F.2d 592 (1952)

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

United States Court of Appeals District of Columbia Circuit.

Decided April 17, 1952.

Attorney(s) appearing for the Case

Edmund C. Rogers, St. Louis, Mo., and Leonard L. Kalish, Philadelphia, Pa., with whom Albert H. Kirchner, Washington, D. C., was on the brief, for appellants.

William Wallace Cochran, Washington, D. C., also entered an appearance for appellants.

E. L. Reynolds, Sol., U. S. Patent Office, Washington, D. C., for appellee.

Before EDGERTON, BAZELON, and WASHINGTON, Circuit Judges.

EDGERTON, Circuit Judge.

Appellant Taylor was the successful party in a Patent Office interference proceeding involving one Josserand. Josserand appealed to the Court of Customs and Patent Appeals. That court reversed the Patent Office. Josserand v. Taylor, 138 F.2d 58, 31 C.C.P.A., Patents, 709. Taylor afterwards filed in that court a petition, based on newly discovered evidence, which the court said was "in effect a bill of review...

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