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GILBERT v. LACHAPELLE

No. 7996.

127 F.2d 750 (1942)

GILBERT v. LACHAPELLE et al.

United States Court of Appeals for the District of Columbia.

Decided May 4, 1942.

Attorney(s) appearing for the Case

Mr. John D. Meyer, of Pittsburgh, Pa., of the Bar of the Supreme Court of the United States, pro hac vice by special leave of Court, with whom Messrs. James M. Graves, of Washington, D. C., and Frank Keiper, of Rochester, N. Y., were on the brief, for appellant.

Messrs. Allan C. Bakewell, of New York City, and A. K. Shipe, of Washington, D. C., with whom Mr. Drury W. Cooper, of New York City, was on the brief, for appellees.

Before GRONER, Chief Justice, and EDGERTON and RUTLEDGE, Associate Justices.

GRONER, C. J.

This is a suit under R.S. § 4915, 35 U.S. C.A. § 63, to obtain a patent. Application in the patent office was filed October 13, 1931, and an interference was declared in 1935. In 1938 the Examiner of Interferences awarded priority of invention to appellee Lachapelle, the assignor of appellee General Motors. This was affirmed by the Board of Appeals in 1939. Suit was filed in the District Court in January, 1940, and an answer was filed in February...

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