AMERICAN TRI-ERGON CORPORATION v. COE

No. 67179.

26 F.Supp. 356 (1938)

AMERICAN TRI-ERGON CORPORATION et al. v. COE et al.

District Court of the United States for the District of Columbia.

November 7, 1938.


Attorney(s) appearing for the Case

Leslie C. Garnett and Samuel F. Beach, both of Washington, D. C., and Page S. Haselton, of New York City, for plaintiffs.

Robert F. Whitehead, of Washington, D. C., for Commissioner of Patents.


BAILEY, Justice.

The question before the court is whether this suit is barred because not brought within six months after the refusal of the Patent Office to grant a patent to the plaintiff.

On March 17, 1937 the Board of Appeals of the Patent Office affirmed the decision of the Examiner of Interferences awarding priority to the defendant Radtke over the claims of the plaintiff.

On April 10, 1937 the plaintiff filed with the Board of Appeals of the...

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