Attorney(s) appearing for the Case
John D. Morgan, of New York City, for the motion.
James J. Kennedy, of New York City, opposed.
Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.
Circuit Court of Appeals, Second Circuit.
We held in Page Machine Co. v. Dow, Jones & Co., 168 F. 703, that we would not require a patentee, whose claims we had held valid, to disclaim a claim found invalid by the Circuit Court. At that time the plaintiff had no appeal from an interlocutory decree of invalidity, and the effect of requiring a disclaimer was to make the decision of the Circuit Court final without review by us. If the patentee had had the appeal which he now has, the result need...
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