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SINKO TOOL & MFG. CO. v. AUTOMATIC DEVICES CORP.

No. 227.

136 F.2d 186 (1943)

SINKO TOOL & MANUFACTURING CO. v. AUTOMATIC DEVICES CORPORATION.

Circuit Court of Appeals, Second Circuit.

May 10, 1943.

Attorney(s) appearing for the Case

James T. Kline, of Bridgeport, Conn., for appellant.

Bernard A. Schroeder, of Chicago, Ill., (W. Lee Helms, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The defendant appeals from a judgment in an action brought under § 63, Title 35 U.S.C.A., to establish the plaintiff's right "to receive a patent for his invention." The only question is as to the relative priority of two inventions: the plaintiff's concededly conceived by one, Sinko, in September, 1933 (an application for a patent on which was filed on April 25, 1938); the defendant's, conceived by one, Johnson, at some unspecified time...

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