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STEPHENS PUMP CO. v. COE

No. 6681.

91 F.2d 222 (1937)

STEPHENS PUMP CO. et al. v. COE, Commissioner of Patents.

United States Court of Appeals for the District of Columbia.

Modification of Opinion Denied May 3, 1937.

Attorney(s) appearing for the Case

J. Vincent Martin, of Houston, Tex., and J. Hanson Boyden, of Washington, D. C., for appellants.

R. F. Whitehead, Solicitor of Patent Office, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB, VAN ORSDEL, and GRONER, Associate Justices.

ROBB, Associate Justice.

Appeal from a decree in the Supreme Court of the District (now District Court of the United States) dismissing appellants' bill, filed under section 4915 R.S., as amended (35 U.S.C.A. § 63), seeking to authorize the issuance of a patent to appellant company, assignee of applicant Stephens.

The application contains five claims, of which the first and fifth are illustrative, and are here reproduced:

"1. An expansible hollow...

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