No. 6941.United States Court of Appeals, District of Columbia Circuit.
Decided August 15, 1938. Rehearing Denied December 9, 1938.
Appeal from the District Court of the United States for the District of Columbia.
Suit in equity by the Minnesota Mining Manufacturing Company against Conway P. Coe, Commissioner of Patents, to obtain a patent. From a decree dismissing the bill, plaintiff appeals.
Affirmed.
H.H. Benjamin, of Washington, D.C., and William H. Abbott, of Chicago, Ill., for appellant.
R.F. Whitehead, Solicitor, United States Patent Office, for appellee.
Frank E. Liverance, Jr., of Grand Rapids, Mich., and John Boyle, Jr., of Washington, D.C., amici curiæ.
Before GRONER, STEPHENS and MILLER, Associate Justices.
MILLER, Associate Justice.
This is a companion case to Minnesota Mining Manufacturing Co. v. Coe, 69 App.D.C. 256, 100 F.2d 429, No. 6940, decided this day. The application for reissue herein, involved claims for the waterproof sheet abrasive material itself — whereas the application in No. 6940 involved process claims. The decree of the lower court in this case must be affirmed for the reasons set forth in our opinion in No. 6940. Consequently, it is not necessary for us to consider the additional objections urged by the Commissioner against the claims here in issue, or the procedural questions presented by appellant in response thereto.
Affirmed.
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