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WETTLAUFER v. ROBINS

No. 31.

92 F.2d 573 (1937)

WETTLAUFER et al. v. ROBINS et al.

Circuit Court of Appeals, Second Circuit.

November 8, 1937.

Attorney(s) appearing for the Case

Horace B. Fay, of Cleveland, Ohio, John S. Powers, of Buffalo, N. Y., and Cooper, Kerr & Dunham, of New York City, for plaintiffs-appellants.

Stephen H. Philbin, of New York City, for defendants-appellants.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

In an interference proceeding in the Patent Office between Wettlaufer, one of the plaintiffs, and Robins, one of the defendants, priority of invention was awarded by the Examiner of Interferences to Robins, to whom patent No. 1,693,940 had been issued on December 4, 1928. On appeal by Wettlaufer the Board of Appeals reversed the decision of the Examiner. Robins then appealed to the Court of Customs and Patent Appeals which reversed the decision...

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