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SCHAFER v. WATSON

Nos. 16009, 16010.

288 F.2d 144 (1961)

Gustav SCHAFER, Appellant, v. Robert C. WATSON, Commissioner of Patents, Appellee. Herbert BESTIAN et al., Appellants, v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 9, 1961.

Attorney(s) appearing for the Case

Mr. Henry W. Koster, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. Miles D. Pillars, Washington, D. C., was on the brief, for appellants.

Mr. Raymond E. Martin, Attorney, United States Patent Office, for appellee. Mr. C. W. Moore, Solicitor, United States Patent Office, also entered an appearance for appellee.

Before Mr. Justice REED, retired, and EDGERTON and DANAHER, Circuit Judges.

PER CURIAM.

The Patent Office having rejected certain patent claims of the appellants as unpatentable over the prior art, appellants brought these suits against the Commissioner of Patents under 66 Stat. 803, 35 U.S.C. § 145. The District Court held a hearing, agreed with the Patent Office that the claims were not inventive, and dismissed the complaints.

"Although a court, when it agrees with a Patent Office finding, often says so, agreement is not necessary...

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