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POWELL v. McNAMARA

No. 167.

74 F.2d 750 (1935)

POWELL v. McNAMARA.

Circuit Court of Appeals, Second Circuit.

January 7, 1935.

Attorney(s) appearing for the Case

Thomas L. Wilder, of Utica, N. Y., for plaintiff-appellant.

Ambrose J. McNamara, in pro se.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

On November 28, 1927, the plaintiff filed an application in the Patent Office, serial No. 236098, for a patent for an improvement in mufflers used to deaden the noise made by the exhaust from a gasoline engine. The defendant filed his application for a patent on the same improvement on January 18, 1928, serial No. 247550, and an interference was declared. After a hearing before the Examiner of Interferences, priority of invention was awarded...

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