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SMITH v. CARTER CARBURETOR CORPORATION

No. 7694.

130 F.2d 555 (1942)

SMITH et al. v. CARTER CARBURETOR CORPORATION.

Circuit Court of Appeals, Third Circuit.

Reargued February 19, 1942.

Decided September 5, 1942.

As Amended on Denial of Rehearing October 6, 1942.

Attorney(s) appearing for the Case

Arthur H. Boettcher, of Chicago, Ill. (Charles F. Richards and Richards, Layton & Finger, all of Wilmington, Del., on the brief), for appellants.

Hugh M. Morris, of Wilmington, Del. (Herbert L. Cohen and Alexander L. Nichols, both of Wilmington, Del., on the brief), for respondent.

Before MARIS, JONES, and GOODRICH, Circuit Judges.

JONES, Circuit Judge.

This appeal is from a decree entered by the District Court in favor of the defendant in a suit under R.S. § 4915, 35 U.S.C. A. § 63, to obtain a patent. The plaintiffs had been junior party in an interference proceeding in the Patent Office where the issue involved was the right to priority of invention as limited and defined by the counts in interference. The Examiner of Interferences awarded priority of invention to the defendant...

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