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REINAUER v. LADD

No. 16197.

293 F.2d 139 (1961)

Thomas V. REINAUER, Appellant v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 11, 1961.

Attorney(s) appearing for the Case

Mr. Paul S. Bolger, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court with whom Messrs. Raymond J. Mawhinney and A. Robert Theibault, Washington, D. C., were on the brief, for appellant.

Mr. Joseph Schimmel, Deputy Solicitor, United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee.

Before PRETTYMAN, DANAHER and BASTIAN, Circuit Judges.

DANAHER, Circuit Judge.

Appellant claimed a certain improvement in a method of cleaning dust collectors. The Patent Office Board of Appeals had affirmed its Primary Examiner who rejected Reinauer's application of June 12, 1957, Serial No. 665270 in view of the disclosure of U. S. Patent No. 2,804,168 to Church. The District Court dismissed appellant's action based on 35 U.S.C. § 145, finding that Reinauer's "Claims 1 through 5 inclusive define a process which...

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