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AMBROSE v. MARZALL

United States Court of Appeals, District of Columbia Circuit.
Feb 6, 1950
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

No. 10018.

Attorney(S)

Mr. Alva D. Adams, Washington, D.C., with whom Mr. Stone E. Bush, Washington, D.C., was on the brief, for appellants. Mr. Joseph Schimmel, Washington, D.C., with whom Mr. W.W. Cochran, as Solicitor, United States Patent Office, Washington, D.C., was on the brief, for appellee. Mr. E.L. Reynolds, Washington, D.C., also entered an appearance for appellee.

JUDGES

Henry White Edgerton

Elijah Barrett Prettyman

George Thomas Washington

ACTS

No Acts

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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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