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ELECTRO-METALLURGICAL CO. v. KRUPP NIROSTA CO.

No. 7471.

122 F.2d 314 (1941)

ELECTRO-METALLURGICAL CO. et al. v. KRUPP NIROSTA CO., Inc.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied August 26, 1941.

Attorney(s) appearing for the Case

Leonard A. Watson, of New York City (Hugh M. Morris, of Wilmington, Del., and Watson, Bristol, Johnson & Leavenworth and D. A. Woodcock, all of New York City, on the brief), for plaintiffs.

Fritz V. Briesen, of New York City (Southerland, Berl, Potter & Leahy, Ward & Gray, and C. A. Southerland, all of Wilmington, Del., on the brief), for defendant.

Before BIGGS, CLARK, and JONES, Circuit Judges.

JONES, Circuit Judge.

This appeal involves a suit under Revised Statutes § 4915, 35 U.S.C.A. § 63, for a decree entitling the plaintiff, Electro-Metallurgical Company, to receive a patent for the invention specified in claims 1, 2 and 9 of a patent awarded to Paul Schafmeister, who assigned his rights therein to the defendant, Krupp Nirosta Company, Inc. Schafmeister was originally joined as a party defendant but the bill of complaint was dismissed as to...

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