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TINNERMAN PRODUCTS v. COE

No. 14822.

50 F.Supp. 337 (1943)

TINNERMAN PRODUCTS, Inc., et al. v. COE, Commissioner of Patents.

District Court of the United States for the District of Columbia.

June 9, 1943.

Attorney(s) appearing for the Case

Bates, Teare & McBean, of Cleveland, Ohio, and Smith, Michael & Gardiner, of Washington, D. C. (Albert R. Teare, of Cleveland, Ohio, and Donald A. Gardiner, of Washington, D. C., of counsel), for plaintiff.

W. W. Cochran, Solicitor of the Patent Office, of Washington, D. C., (R. F. Whitehead, of Washington, D. C., of counsel), for defendant.

LUHRING, Justice.

The plaintiff seeks the issuance of a patent pursuant to R.S. § 4915, 35 U.S.C.A. § 63, based on the application of the individual plaintiff and the assignor, Serial No. 247,158, containing claims 1, 2, 3, 12, 13, 14, 15, 16 and 18 to 26, inclusive. Claim 21 has been withdrawn and is not to be considered.

The Patent Office rejected all of the claims on the ground that the applicant and his assignee were estopped to present these...

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