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BALLEW v. WATSON

No. 16033.

290 F.2d 353 (1961)

Harold W. BALLEW et al., Appellants, v. Robert C. WATSON, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Mr. A. Yates Dowell, Jr., Washington, D. C., with whom Mr. A. Yates Dowell, Washington, D. C., was on the brief, for appellants.

Mr. George C. Roeming, Atty., United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee. Mr. Joseph Schimmel, Atty., United States Patent Office, also entered an appearance for appellee.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

The appeal is from a judgment of the District Court dismissing appellants' complaint filed under 35 U.S.C. § 145 (1958) to obtain reissue of a patent, No. 2,657,752, dated November 3, 1953, which had been granted to them for a "Magnetic Fishing Tool." The Patent Office Board of Appeals had previously affirmed the examiner's refusal to allow claims 7, 8, 9, 11, 18 and 19 of appellant's application for reissue.1

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