Gaertner

(after stating the facts as above). Plaintiff claims to be the inventor of a device for paying out and landing purse seines from a rotating table on the deck of a fishing vessel. His petition for a patent was filed July 22, 1920. It contained six claims, all of which were rejected by the Patent Office on the 4th of December, 1920. On the 26th of January, 1921, plaintiff forwarded amendments to all of these claims and also filed five now claims. On the 16th of April, 1921, these claims were all rejected. Amendments to these claims and a new claim, numbered 12, wore filed June 29, 1921. On the 1st of August, 1921, amended claims 1, 2, 5, and 6 were allowed, and the other claims were rejected. Under date of December 7, 1921, claims 3 and 4 were amended; plaintiff acquiescing in the rejection of claims 7 to 12, inclusive. Thereafter the attention of the Examiner in the Patent Office was directed to the Berglann patent, No. 1,249,888, for a similar device, and because of this prior patent on January 27, 1922, claims 1, 2, 3, 5, and 6 were rejected. The only claim finally allowed was 4, 'which reads as follows:

“The combination, with a boat, of a net table forming a support and…