Nixon v. Marzall, Commissioner of Patents

FAHY, Circuit Judge.

Questioned by this appeal is the judgment of the United States District Court for the District of Columbia in proceedings under § 4915, R.S., 35 U.S.C.A. § 63, in which plaintiffs, who are now appellants, sought a decree authorizing issuance to them of a patent on certain claims. The primary examiner of the Patent Office had rejected the claims and his decision had been approved by the Board of Appeals of the Patent Office.

The claims .have to do with a process devised by Stanhope Nixon for making thermoplastic molding powder or pellets.., The Nixon Nitration Works holds an…