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AKTIEBOLAGET AKERLUND & RAUSING v. MARZALL

No. 11129.

195 F.2d 773 (1952)

AKTIEBOLAGET AKERLUND & RAUSING v. MARZALL, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided March 6, 1952.

Attorney(s) appearing for the Case

Mr. E. B. Batchelder, Washington, D. C., with whom Mr. E. F. Wenderoth, Washington, D. C., was on the brief, for appellant.

Mr. Clarence W. Moore, United States Patent Office, with whom Mr. E. L. Reynolds, Sol., United States Patent Office, was on the brief, for appellee.

Before EDGERTON, FAHY and WASHINGTON, Circuit Judges.

FAHY, Circuit Judge.

Appellant commenced this action in the District Court under Rev.Stat. § 4915 (1878), as amended, 35 U.S.C. § 63 (1946), 35 U.S.C.A. § 63, after rejection by the Patent Office of its claim to a patentable invention. The District Court, after a hearing as provided by statute, dismissed the complaint. This appeal followed.

Appellant is assignee of the originator of the article claimed to be patentable, referred to as the American...

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