MURTON v. LADD

No. 19083.

352 F.2d 942 (1965)

Crawford B. MURTON and Vesuvius Crucible Company, Appellants, v. David L. LADD, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 17, 1965.

Petition for Rehearing Denied November 17, 1965.


Attorney(s) appearing for the Case

Mr. Edward Hoopes III, Pittsburgh, Pa., with whom Messrs. Spencer B. Michael and Richard H. Bradford, Washington, D. C., were on the brief, for appellants.

Mr. George C. Roeming, Atty., United States Patent Office, with whom Mr. Clarence W. Moore, Solicitor, was on the brief, for appellee.

Before FAHY, Circuit Judge, BASTIAN, Senior Circuit Judge, and BURGER, Circuit Judge.


FAHY, Circuit Judge:

This appeal is from a judgment of the District Court in favor of the Commissioner of Patents in a suit brought under 35 U.S.C. § 145 by appellants as claimants to an invention. Only Claim 2 of several original claims, one of which was allowed, is involved on this appeal. Those not allowed, other than Claim 2, have been withdrawn. The invention is designated as Serial No. 759,670, filed September 8, 1958. As described by appellants it is a...

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