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WESTINGHOUSE ELEC. & MFG. CO. v. WADSWORTH ELEC. MFG. CO.

No. 5231.

51 F.2d 447 (1931)

WESTINGHOUSE ELECTRIC & MFG. CO. v. WADSWORTH ELECTRIC MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

July 2, 1931.

Attorney(s) appearing for the Case

D. W. Cooper, of New York City (Victor S. Beam, of New York City, Walter M. Shohl, of Cincinnati, Ohio, and Thomas J. Byrne, of New York City, on the brief), for appellant.

W. F. Murray, of Cincinnati, Ohio (Marston Allen, of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

We granted a rehearing and took briefs solely upon one question, said to be involved, and which, as paraphrased and applied is:

If Wadsworth, in 1907, conceived an invention and "reduced it to practice" by one instance of use, but did nothing more with it until he filed his application in 1916, while Kries invented and filed his application on the same device in 1910, whereupon the Patent Office found Wadsworth's reduction to practice...

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