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MARZALL v. SWITZER

No. 10985.

199 F.2d 776 (1952)

MARZALL, Commissioner of Patents v. SWITZER et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1952.

Attorney(s) appearing for the Case

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 appellant.

Albert L. Ely, Jr., Cleveland, Ohio, for appellees.

Charles B. Gordon, Cleveland, Ohio, also entered an appearance for appellees.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellees Switzer and Ward brought a civil action in the District Court under Section 4915 of the Revised Statutes,1 praying that the Commissioner of Patents be authorized and directed to issue a patent to them. After a trial the court rendered a memorandum opinion,2 made findings of fact and conclusions of law, and entered judgment for the plaintiffs. The Commissioner appealed.

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