LARSON v. LADD

No. 16297.

296 F.2d 433 (1961)

Merlyn O. LARSON, Appellant v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 2, 1961.


Attorney(s) appearing for the Case

Messrs. Thomas F. McWilliams, Chicago, Ill., a member of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, and Richard P. Schulze, Washington, D. C., for appellant.

Mr. Jack E. Armore, Attorney, United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, United States Patent Office, was on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment of the District Court dismissing a complaint brought under 35 U.S.C. § 145 alleging that the Commissioner of Patents [appellee] had erred in refusing to grant a patent to appellant.

The claims before the District Court, numbered 13 and 14 in the application entitled "Hair Curler," were held unpatentable by that court, as were they in the Patent Office, because of prior art. The prior art relied on by appellee...

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