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PHILADELPHIA STORAGE B. CO. v. ZENITH RADIO CORP

No. 7341.

117 F.2d 642 (1941)

PHILADELPHIA STORAGE BATTERY CO. v. ZENITH RADIO CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied February 27, 1941.

Attorney(s) appearing for the Case

Milton T. Miller, Geo. L. Wilkinson, and Howard W. Hodgkins, all of Chicago, Ill., for appellant.

John A. Dienner, of Chicago, Ill., and Dexter N. Shaw and Chas. H. Howson, both of Philadelphia, Pa., for appellee.

Before EVANS, SPARKS, and TREANOR, Circuit Judges.

SPARKS, Circuit Judge.

This action was instituted by appellee against appellant under Revised Statutes, section 4915, 35 U.S.C.A. § 63.1 It sought the issuance of a patent on an application filed by one Jacke and assigned to appellee. The defendant denied the plaintiff's right to this relief on the ground that defendant owned a patent, No. 1,638,734, covering the same device issued to Heath the first inventor, who assigned it to defendant...

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