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SYRACUSE WASHING MACH. CORPORATION v. VIEAU

No. 339.

72 F.2d 410 (1934)

SYRACUSE WASHING MACH. CORPORATION et al. v. VIEAU et al.

Circuit Court of Appeals, Second Circuit.

August 7, 1934.

Attorney(s) appearing for the Case

P. Augustus Hopkins, of Syracuse, N. Y. (Joe Schapiro, of Syracuse, N. Y., of counsel), for appellants.

Hoguet & Neary, of New York City (John F. Neary, Ramsay Hoguet, and Theodore E. Simonton, all of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

SWAN, Circuit Judge.

As a result of an interference proceeding (No. 54,654) in the Patent Office between Walter A. Papworth, one of the plaintiffs, and Harold F. Vieau, one of the defendants, priority of invention was awarded to Vieau by the Examiner of Interferences, and his decision was affirmed by the Board of Appeals. The losing party did not appeal to the United States Court of Customs and Patent Appeals (35 USCA § 59a), but filed the present bill in equity...

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