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SMITH v. PRUTTON

No. 8949.

127 F.2d 79 (1942)

SMITH v. PRUTTON et al.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1942.

Attorney(s) appearing for the Case

Max D. Farmer, of Buffalo, N. Y. (Charles W. Parker, and Howard D. Dugan, both of Buffalo, N. Y., and John B. Hull, of Cleveland, Ohio, on the brief), for appellant.

Oscar C. Limbach, of Cleveland, Ohio (Oberlin, Limbach & Day, and Jno. F. Oberlin, all of Cleveland, Ohio, on the brief), for appellees.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

The appellant being the unsuccessful party to a patent interference proceeding in the Patent Office, filed his bill in equity in the District Court under § 4915, R.S., 35 U.S.C.A. § 63, praying to be adjudged entitled to the count in issue. This he did under compulsion of a notice filed by the appellees with the Commissioner of Patents under 35 U.S.C.A., § 59a, that they elected to have all further proceedings conducted

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