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8 F.2d 1015

Docket Patent Appeal No. 1721.

Rimailho v. Holt

District of Columbia Circuit Court of Appeals

Submitted November 9, 1925.

Decided December 7, 1925.)

District of Columbia Circuit Court of Appeals · decided 1925-12-07

2 counsel of record

Decided 1925-12-07

¶1E. G. Curtis and N. N. Sanders, both of New York City, and A. D. Adams, of Washington, D. C., for appellant.

¶2Melville Church, of Washington, D. C., for appellee.

¶3Before MARTIN, Chief Justice, ROBB, Associate Justice, and SMITH, Judge of the United States Court of Customs Appeals.

¶4ROBB, Associate Justice.

¶5Appeal from a decision of the Patent Office in an interference proceeding, awarding priority of invention to the party Holt.

¶6The invention covers means for supporting heavy artillery, and involves a construction in which the gun-supporting frame has its ends carried by independently driven tractors of the caterpillar type. ]n the Patent Office the issue largely turned upon the question of Holt’s diligence; Rimailho not having taken any testimony. The evidence has been fully and carefully reviewed by the tribunals of the Office, and we agree with the conclusion reached that Holt, m view of the circumstances surrounding him, his conduct after conception, and the character of the invention, was reasonably diligent. The decision therefore is affirmed.

¶7Affirmed.

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