MIESSNER v. UNITED STATES

No. 12674.

228 F.2d 643 (1955)

Benjamin F. MIESSNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 22, 1955.


Attorney(s) appearing for the Case

Mr. Conder C. Henry, Washington, D. C., for appellant.

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Mr. Leo A. Rover, U. S. Atty., Mr. Lewis Carroll and Miss Catherine B. Kelly, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, FAHY and BASTIAN, Circuit Judges.


PER CURIAM.

May 27, 1954, Benjamin F. Miessner filed an appeal to the Patent Office Board of Appeals from an examiner's rejection of a claim in his patent application, and paid the required appeal fee of $25.00. He later learned that on the same day — whether before or after he took the appeal does not appear — the examiner withdrew the final rejection by allowing the appealed claim. This action gave him the relief sought by the appeal.

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