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Paul M. AMBROSE and Crimora Research and De v. lopment Corporation, Appellants,

PER CURIAM.

This appeal is from a judgment for the defendant Commissioner of Patents in a suit under R.S. § 4915, 35 U.S.C.A. § 63, to obtain reissue of a patent with added claims. Quite apart from any question of estoppel, there was no substantial evidence of the "inadvertence, accident, or mistake" required by R.S. § 4916, 35 U.S.C.A. § 64. We express no opinion regarding the District Court's ruling that the appellant was, as a matter of law, estopped to make the added claims.

Affirmed.

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AMBROSE v. MARZALL
(Feb 6, 1950)