GARFIELD v. COE, 148 F.2d 682 (D.C. Cir. 1945)
GARFIELD et al. v. COE, Commissioner of Patents.
No. 8815.United States Court of Appeals, District of Columbia Circuit.Argued January 22, 1945.
Decided March 19, 1945.
Appeal from the District Court of the United States for the District of Columbia.
Proceeding by Frederick M. Garfield and others against Conway P. Coe, CommissionerPage 683
of Patents, for a patent. From an adverse judgment, plaintiffs appeal.
Affirmed.
Mr. John H. Sutherland, of St. Louis, Mo., with whom Mr. Francis B. Leech, of Washington, D.C., was on the brief, for appellants. Mr. John H. Bruninga, of Washington, D.C., also entered appearance for appellants.
Mr. E.L. Reynolds, of Washington, D.C., with whom Mr. W.W. Cochran, Solicitor, United States Patent Office, of Washington, D.C., was on the brief for appellee.
Before MILLER, EDGERTON, and ARNOLD, Associate Justices.
PER CURIAM.
The findings and judgment of the trial court find full support in the record. Appellants have failed to meet the burden imposed upon a plaintiff in a Section 4915 proceeding[fn1] and are not entitled to a patent.
Affirmed.
[fn1] Abbott v. Coe, 71 App.D.C. 195, 197, 198, 109 F.2d 449,451-452; Daniels v. Coe, 73 App.D.C. 54, 58, 116 F.2d 941, 945; Morrison v. Coe, 75 U.S.App.D.C. 219, 220, 127 F.2d 737, 738; 35 U.S.C.A. ยง 63.Page 684