Josserand v. Coe

150 F.2d 159, 80 U.S. App. D.C. 180, 65 U.S.P.Q. (BNA) 563, 1945 U.S. App. LEXIS 4529

• Court: District Court, District of Columbia
• Decided: June 18, 1945
• Docket: No. 8784
• Status: Published

Opinion

PER CURIAM.

This appeal involves claims for reissuance of a patent previously granted relating to a drive-in theater. These claims were rejected, first, by the Patent Office and, again, by the District Court in a R.S. Section 4915¹ proceeding. One was rejected on the ground that it was not properly supported by the applicant’s disclosure; the others, for the reason that they were either [1] the same as or broader than claims which he had abandoned in his previous application or [2] unpatentable over the prior art. We agree that appellant is not entitled to a patent upon these claims, for the reasons stated.

Affirmed.

1 35 U.S.C.A. § 63.