IP
In the Matter of the Application of Elmer I. McKESSON, Appellant
11 F.2d 999·United States Court of Appeals for the District of Columbia·1926
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Opinion
In the Matter of the Application of Elmer I. McKESSON, Appellant.
(Court of Appeals of District of Columbia.
Submitted January 15, 1926.
Decided April 5, 1926.
Motion for Rehearing Denied April 24, 1926.)
Patent Appeal No. 1813.
G. E. Kirk, o£ Toledo, Ohio, for appellant.
T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.
Before MARTIN, Chief Justice, ROBB, Associate Justice, and BLAND, Judge of the United States Court of Customs Appeals.
[MAJORITY — PER CURIAM.]
PER CURIAM.
Appeal from a decision of the Commissioner of Patents, refusing claims Nos. 43 to 49, inclusive, in appellant’s reissue application, because they do not properly read upon his disclosure, and because he is estopped to make them in a reissue application, he having canceled from his original application claims of substantially the same scope.
We have carefully examined the record and brief of appellant, in the light of his oral argument, and are content to rest our opinion upon the decisions of the Patent Office. The decision is affirmed.
Affirmed.