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PENGLASE v. COE

No. 61930.

26 F.Supp. 924 (1939)

PENGLASE v. COE, Com'r of Patents.

District Court of United States for the District of Columbia.

January 17, 1939.

Attorney(s) appearing for the Case

Edward W. Shepard, of Washington, D. C., Usina & Rauber, of New York City, Henry M. Huxley and Russell H. Clark, both of Chicago Ill., for plaintiff.

R. F. Whitehead, Sol., of the U. S. Patent Office, of Washington, D. C., for defendant.

GORDON, Justice.

This is a suit in equity under Sec. 4915, R.S., 35 U.S.C. Sec. 63, 35 U.S.C.A. § 63, to authorize the Commissioner of Patents to issue a patent to plaintiff on certain improvements in movable counterweights for power excavators.

The tribunals of the Patent Office rejected the claims here involved on the ground that the combination on which patent is sought is obvious from the prior art. Some six foreign patents and one United States patent...

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