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EWING v. FOWLER CAR CO.

No. 721.

244 U.S. 1 (1917)

37 S.Ct. 494

61 L.Ed. 955

EWING, COMMISSIONER OF PATENTS, v. UNITED STATES EX REL. FOWLER CAR COMPANY.

Supreme Court of United States.

Decided May 7, 1917.

Attorney(s) appearing for the Case

The Solicitor General, with whom Mr. Assistant Attorney General Warren and Mr. R.F. Whitehead were on the brief, for petitioner.

Mr. George L. Wilkinson, with whom Mr. Melville Church was on the brief, for respondent.

MR. JUSTICE McKENNA, after stating the case as above, delivered the opinion of the court.

The case is not in broad compass. It depends upon a few simple elements. Section 4904, Rev. Stats., provides: "Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and...

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