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GENERAL TALKING PICTURES CORP. v. AMERICAN T. CORP.

No. 5714.

96 F.2d 800 (1938)

GENERAL TALKING PICTURES CORPORATION et al. v. AMERICAN TRIERGON CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 3, 1938.

Attorney(s) appearing for the Case

S. E. Darby, Jr., of New York City, and E. E. Berl, of Wilmington, Del. (Ephraim Berliner, of New York City, of counsel), for appellants.

Page S. Haselton and S. Mortimer Ward, Jr., both of New York City, for appellees.

Before THOMPSON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BIGGS, Circuit Judge.

Suit was brought in the District Court pursuant to section 4915 of the Revised Statutes, as amended, 35 U.S.C.A. § 63, to compel the Commissioner of Patents to issue a patent to American Tri-Ergon Corporation, one of the appellees, as assignee of Engl, Massole, and Vogt, the three individual appellees, German inventors.

A brief history of the events leading up to the filing of this suit is necessary for comprehension of the complicated...

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