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AMERICAN CUTTING ALLOYS v. GENERAL ELECTRIC CO.

No. 202.

135 F.2d 502 (1943)

AMERICAN CUTTING ALLOYS, Inc., v. GENERAL ELECTRIC CO. et al.

Circuit Court of Appeals, Second Circuit.

May 3, 1943.

Attorney(s) appearing for the Case

Owen & Owen, of Toledo, Ohio, and Hart, Senior & Nichols, of Utica, N. Y. (Wilber Owen and Carl F. Schaffer, both of Toledo, Ohio, of counsel), for appellant.

Watson, Bristol, Johnson & Leavenworth, of New York City (Lawrence Bristol and Charles P. Bauer, of New York City, of counsel), for appellees.

Before SWAN, CHASE, and CLARK, Circuit Judges.

SWAN, Circuit Judge.

On May 2, 1940 the plaintiff filed suit under § 4915 of the Revised Statutes as amended, 35 U.S.C.A. § 63, to obtain a decree authorizing the commissioner of patents to issue a patent on the Schwarzkopf application No. 727,781, filed May 26, 1934, and later assigned to the plaintiff. The Board of Appeals of the Patent Office had decided adversely to the plaintiff an interference declared between the Schwarzkopf application and two claims...

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