WEEKS v. WARP

No. 12446.

221 F.2d 108 (1955)

Sinclair WEEKS, Secretary of Commerce, and Robert C. Watson, Commissioner of Patents, Appellants, v. Harold WARP, and Flex-O-Glass, an Illinois corporation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1955.

Petition for Rehearing Denied May 10, 1955.


Attorney(s) appearing for the Case

Mr. E. L. Reynolds, Solicitor, United States Patent Office, Washington, D. C., with whom Mr. Joseph Schimmel, Washington, D. C., Attorney, United States Patent Office, was on the brief, for appellants.

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 appellees. Mr. William E. Schuyler, Jr., Washington, D. C., entered an appearance for appellees.

Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.


PER CURIAM.

This appeal is taken in a suit under Revised Statutes, Sec. 4915 (1875) as amended,1 to obtain issuance of a patent.

On May 7, 1940, plaintiff (appellee) Warp filed two applications with the United States Patent Office for patents relating to laminated flexible transparent material. These applications resulted in a rejection of the claims in both patents, with the exception...

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