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UNITED STATES v. WASHINGTON INSTITUTE OF TECHNOLOGY

No. 256.

47 F.Supp. 384 (1942)

UNITED STATES v. WASHINGTON INSTITUTE OF TECHNOLOGY, Inc.

District Court, D. Delaware.

September 8, 1942.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen. (Stewart Lynch, U. S. Atty., of Wilmington, Del., T. Hayward Brown, Department of Justice, of Washington, D. C., of counsel), for plaintiff.

Howard Duane, of Wilmington, Del. (Samuel Scrivener, Jr., of Washington, D. C., of counsel), for defendant.

LEAHY, District Judge.

This is a motion to dismiss, on the ground of non-joinder of necessary parties defendant, a complaint filed on June 2, 1942, pursuant to R.S. § 4915, 35 U.S.C.A. § 63, seeking a decree which will authorize the Commissioner of Patents to issue a patent to plaintiff as assignee of Francis W. Dunmore and Frank G. Kear. On December 3, 1941, the Board of Appeals of the Patent Office rendered a decision on interference proceedings adverse...

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