Krause v. Coe

VINSON, Associate Justice.

Appellant brought this action, commonly known as a 4915 proceeding,1 in the District Court, to authorize and compel the Commissioner to grant a patent. Previously, the Examiner and the Board of Appeals in the Patent Office had decided that appellant’s claims were unpatentable inasmuch as they lacked invention in view of prior and patented art. The District Court likewise found appellant’s claims to be unpatentable, and dismissed the complaint.

Appellant’s claims are in the field of flush valves. The description and operation of the valve, while not restricted to use…