MINNESOTA MINING & MFG. CO. v. VAN CLEEF

No. 8315.

139 F.2d 550 (1943)

MINNESOTA MINING & MFG. CO. et al. v. VAN CLEEF et al.

Circuit Court of Appeals, Seventh Circuit.

December 31, 1943.


Attorney(s) appearing for the Case

Casper Wm. Ooms, of Chicago, Ill., and Robert I. Coulter, of St. Paul, Minn., for appellants.

Fred Gerlach and Norman H. Gerlach, both of Chicago, Ill., for appellees.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


SPARKS, Circuit Judge.

This is an action to determine priority of invention under R.S. § 4915, 35 U.S.C.A. § 63. The issues involved relate to claims 1, 2, 3, and 4 of United States patent No. 2,084,878 to Van Cleef, issued on June 22, 1937, on an application filed May 25, 1936, and afterwards assigned to appellees. The patent is on pressure sensitive adhesive tape.

On January 3, 1938, appellant Tierney, an employee of the appellant company, filed...

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