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SMITH v. WATSON

No. 12031.

218 F.2d 863 (1955)

Alonzo L. SMITH, Appellant, v. Robert C. WATSON, Commissioner of Patents, John T. Hayward, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1955.

Petition for Rehearing Denied March 2, 1955.

Attorney(s) appearing for the Case

Mr. Edward A. Haight, Chicago, Ill., with whom Mr. George R. Jones, Washington, D. C., was on the brief, for appellant.

Mr. Clarence W. Moore, Washington, D. C., with whom Mr. E. L. Reynolds, Sol., U. S. Patent Office, was on the brief, for appellee Robert C. Watson, Commissioner of Patents.

Mr. James P. Burns, with whom Messrs. Vernon H. Doane and Edward S Irons, Washington, D. C., were on the brief, for appellee John T. Hayward.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

WASHINGTON, Circuit Judge.

This appeal is taken in a suit under Rev.Stat. § 4915 (1875), as amended, to obtain issuance of a patent.1

On September 16, 1938, plaintiff-appellant Smith filed an application with the Patent Office entitled "Gas Detector for Drilling-Muds."2 Some months later, John T. Hayward filed an application for a claimed invention of...

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