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NICHOLS v. MINNESOTA MINING & MANUFACTURING CO.

No. 4554.

109 F.2d 162 (1940)

NICHOLS v. MINNESOTA MINING & MANUFACTURING CO.

Circuit Court of Appeals, Fourth Circuit.

January 9, 1940.

Attorney(s) appearing for the Case

Ralph Burch, of Washington, D. C. (Horace C. Chandlee, of Washington, D. C., and Omer T. Kaylor, of Hagerstown, Md., on the brief), for appellant.

Jacob T. Basseches, of New York City, and William H. Abbott, of Chicago, Ill. (Raymond S. Williams, of Baltimore, Md., and Paul Carpenter, of Washington, D. C., on the brief), for appellee.

Before PARKER and SOPER, Circuit Judges, and DOBIE, District Judge.

PARKER, Circuit Judge.

This is an appeal in a case instituted under R.S. § 4915, 35 U.S.C.A. § 63, by the Minnesota Mining and Manufacturing Company, assignee of one Swenson, to establish priority of right with respect to the invention embodied in patent No. 1,954,778, issued to Ernest H. Nichols, and to have patent issued to plaintiff embodying eight of the claims of that patent. In interference proceedings instituted in the Patent Office, priority was...

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