Marzall, Commissioner of Patents v. Switzer

PRETTYMAN, Circuit Judge.

Appellees Switzer and Ward brought a civil action in the District Court under Section 4915 of the Revised Statutes, 1 praying that the Commissioner of Patents be authorized and directed to issue a patent to them. After a trial the court rendered a memorandum opinion, 2 made findings of fact and conclusions of law, and entered judgment for the plaintiffs. The Commissioner appealed.

The claims of the patent concern a process of dyeing fabrics to obtain a daylight fluorescence, and a composition of matter comprising fabrics so treated. The ordinary dyeing of fabrics is,…