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JOHN B. PIERCE FOUNDATION v. PENBERTHY INJECTOR CO.

No. 1231.

22 F.Supp. 239 (1938)

JOHN B. PIERCE FOUNDATION et al. v. PENBERTHY INJECTOR CO.

District Court, D. Delaware.

January 31, 1938.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del., and Henry J. Lucke, of New York City, for plaintiffs.

William G. Mahaffy and Herbert L. Cohen, both of Wilmington, Del., Benjamin H. Sherman (of Charles W. Hills), of Chicago, Ill., for defendant.

NIELDS, District Judge.

Motion by defendant to dismiss bill of complaint filed under section 4915, R.S., as amended, 35 U.S.C.A. § 63, by a defeated applicant in an interference proceeding in the Patent Office and his assignee against the assignee of the successful applicant in the interference proceeding.

The grounds of the motion are the absence of two parties defendant: (1) Howard D. Yoder, the successful applicant, and (2) the Commissioner of Patents...

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