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LEBOLD v. MARZALL

No. 11302.

197 F.2d 209 (1952)

LEBOLD et al. v. MARZALL

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1952.

Attorney(s) appearing for the Case

A. Yates Dowell, Washington, D. C., for appellants.

Joseph Schimmel, U.S. Patent Office, Washington, D. C., with whom E. L. Reynolds, Sol., U.S. Patent Office, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN, PROCTOR and FAHY, Circuit Judges.

PER CURIAM.

This appeal is from a judgment of the District Court dismissing, after trial, a complaint filed under Rev.Stat. § 4916 (1875), as amended 45 Stat. 732 (1928), 35 U.S.C.A. § 64, for reissue of a patent on a beverage bottle carrier, the handle of which fits below the tops of the bottles in the carrier. In view of a new reference1 overlooked when appellant's patent was granted, the court held that the device lacked invention...

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