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WILDHABER v. ZIMMERMANN

Patent Appeal No. 2866.

55 F.2d 442 (1932)

WILDHABER v. ZIMMERMANN.

Court of Customs and Patent Appeals.

February 8, 1932.

Attorney(s) appearing for the Case

Bernard E. Shlesinger, of Rochester, N. Y., for appellant.

Elmer R. Helferich, of New York City (Nathan, Bowman & Helferich, Albert F. Nathan, and Border Bowman, all of New York City, of counsel), for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

Certain claims of Wildhaber patent, No. 1,653,686, were copied into the application of Zimmermann and became the counts in the interference which was declared. The law examiner overruled a motion to dissolve which was made by Wildhaber.

The examiner of interferences, after the ruling of the law examiner, resumed proceedings in interference, and since the junior party, Wildhaber, took no testimony and "failed to make sufficient showing...

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