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MILLER v. WEEKS

No. 12738.

229 F.2d 21 (1955)

Emery P. MILLER and Ransburg Electro-Coating Corp., Appellants, v. Sinclair WEEKS, Secretary of Commerce, and Robert C. Watson, Commissioner of Patents, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided December 15, 1955.

Attorney(s) appearing for the Case

Mr. William J. Stellman, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Mr. Francis C. Browne, Washington, D. C., was on the brief, for appellants. Mr. William E. Schuyler, Jr., Washington, D. C., also entered an appearance for appellants.

Mr. H. S. Miller, Atty., United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellees.

Before EDGERTON, Chief Judge, and PRETTYMAN and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This is a patent case under Rev.Stat. § 4915 (1875).1 The District Court, after hearing, ruled that certain process claims did not constitute invention over prior art, and entered judgment dismissing the complaint.

Emery P. Miller, one of the plaintiffs, filed application for letters patent in the United States Patent Office entitled "Apparatus & Method of Coating," said application being Serial...

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