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DONNELLY v. WATSON

No. 15457.

278 F.2d 853 (1960)

Thomas S. DONNELLY, Jr., Appellant v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 24, 1960.

Petition for Rehearing Denied July 8, 1960.

Attorney(s) appearing for the Case

Mr. Robert G. Mentag, Detroit, Mich., with whom Mr. Albert W. Rinehart, Washington, D. C., was on the brief for appellant.

Mr. David Kreider, Attorney, United States Patent Office, Washington, D. C., with whom Mr. Clarence W. Moore, Washington, D. C., Solicitor, United States Patent Office, was on the brief, for appellee.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

FAHY, Circuit Judge.

The appeal is from a judgment of the District Court dismissing Donnelly's complaint filed under 35 U.S.C. § 145 (1958), by which he sought court authorization for the issuance of a patent to him on five claims of his application Serial No. 203,594, describing an electrode holder for use in electric are welding. The Patent Office had denied the application on the basis of the disclosures of the prior art, namely, the patents of Beauregard...

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