Wallace & Tiernan Products, Inc. v. Pittsburgh Plate Glass Co.

GIBSON, District Judge.

Wallace & Tiernan Products, Inc., has-filed its complaint wherein it prays a judgment of this court directing the Commissioner of Patents to issue a patent to-it as assignee of one Franz C. Schmellces. The complaint cites, as conferring jurisdiction upon the court, the provisions of' *640Section 4915, R.S., as amended, U.S.C.A. Title 35, § 63, which reads in part as follows :

“Sec. 4915. (U.S.C.A. title 35, § 63). Whenever a patent on application is refused by the Board of Appeals or whenever any applicant is dissatisfied with the decision of the Board of interference…