Gyro Process Co. v. Coe

STEPHENS, Associate Justice.

This is an appeal from a decree of the District Court of the United States for the District of Columbia dismissing, after a hearing on the merits, a bill in equity seeking under Rev.Stat. § 4915, 35 U.S.C. A. § 63, an order authorizing the appellee Commissioner of Patents, hereinafter referred to as the Commissioner, to issue a patent to the appellant Gyro Process Company, for a process of cracking hydrocarbon oil. The dismissal was based upon lack of patentability over the prior art and upon res adjudicata held to arise from two decisions within the Patent Office.…