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HOOVER CO. v. COE

No. 486.

325 U.S. 79 (1945)

65 S.Ct. 955

89 L.Ed. 1488

HOOVER COMPANY v. COE, COMMISSIONER OF PATENTS.

Supreme Court of United States.

Decided April 30, 1945.

Attorney(s) appearing for the Case

Messrs. William D. Sellers and Richard R. Fitzsimmons, with whom Mr. William S. Hodges was on the brief, for petitioner.

Mr. T. Hayward Brown argued the cause, and Solicitor General Fahy, Assistant Attorney General Shea, Messrs. Robert L. Stern, Joseph B. Goldman and Joseph Houghton were on the brief, for respondent.

MR. JUSTICE ROBERTS delivered the opinion of the Court.

The question presented is whether a District Court has jurisdiction of a suit under R.S. 49151 to review the refusal of a claim for patent as not reading on the application. The court below answered in the negative.

The respondent confesses error. The language of the Act, its legislative history, administrative practice, and judicial construction, constrain us to hold that...

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