Minnesota Mining & Manufacturing Co. v. Coe

EDGERTON, Associate Justice.

This is a suit under R.S. § 4915, 35 U.S. C.A. § 63, to obtain a patent on an abrasive article in the nature of sandpaper. On the court’s own motion the case was reheard on October 13, 1941, together with No. 7400, Sharp v. Coe, -App.D.C. -, 125 F.2d *199185, and No. 7374, Dyer v. Coe, -App. D.C.,-, 125 F.2d 192, upon the question, common to all three cases, whether a court in passing upon the patentability of claims rejected by the Patent Office may use allowed claims as a measure of patentability. This question was reargued, and briefs thereon were presented,…