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BRUEGGER v. MARZALL

Civ. A. No. 2444.

112 F.Supp. 20 (1953)

BRUEGGER et al. v. MARZALL.

United States District Court District of Columbia.

February 4, 1953.

Attorney(s) appearing for the Case

Clarence M. Fisher, Washington, D. C., W. Brown Morton (of Pennie, Edmonds, Morton, Barrows & Taylor), New York City, for plaintiffs.

E. L. Reynolds, Solicitor, U. S. Patent Office, and S. Wm. Cochran, Attorney U. S. Patent Office, Washington, D. C., for United States.

McLAUGHLIN, District Judge.

This action was instituted pursuant to the provisions of R.S. 4915, 35 U.S.Code, § 63, seeking the issuance by the Commissioner of Patents of a patent to the plaintiff Criscom-Russell Company on a new method of making finned heat exchanger tubes. Plaintiffs claim No. 25 regarded by the patent office as illustrative of the rejected claims consisted of the following:

"25. The method...

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