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W. A. BAUM CO. v. BECTON, DICKINSON & CO.

No. 6668.

100 F.2d 137 (1938)

W. A. BAUM CO., Inc., v. BECTON, DICKINSON & CO.

Circuit Court of Appeals, Third Circuit.

August 12, 1938.

Attorney(s) appearing for the Case

Wilfred B. Wolcott, of Camden, N. J., Synnestvedt & Lechner, of Philadelphia, Pa., and Pennie, Davis, Marvin & Edmonds, of New York City (Willis H. Taylor, Jr., of New York City, of counsel), for appellant.

Harry B. Rook, of Newark, N. J., and Briesen & Schrenk, of New York City (Hans V. Briesen, of New York City, of counsel), for appellee.

Before DAVIS and BIGGS, Circuit Judges, and MARIS, District Judge.

DAVIS, Circuit Judge.

This case is before us on the defendant's motion to dismiss the plaintiff's appeal. The ground on which the motion is based is that the plaintiff delayed for an unreasonable length of time, after certain claims of its patent were held invalid by the District Court, without filing a disclaimer as to those claims, and that, therefore, its patent is invalid under the provisions of the Disclaimer Statutes. R.S. §§ 4917 and 4922; 35 U.S...

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