Asseff v. Marzall, Commissioner of Patents

WILBUR K. MILLER, Circuit Judge.

Peter A. Asseff filed a patent application on September 9, 1942, and later assigned his right, title and interest therein and thereto to The Lubri-Zol Corporation. After adverse action on the application by the Commissioner of Patents, Asseff and his assignee filed a complaint under R.S. § 4915, 35 U.S.C.A. § 63, asking the United States District Court for the District of Columbia to authorize the grant of a patent containing Claims 1, 5, and 9 to 24 inclusive. The District Court, being of the opinion that the Cook patent1 anticipates all the claims, and that…