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UNITED STATES RUBBER CO. v. COE

No. 8710.

146 F.2d 315 (1945)

UNITED STATES RUBBER CO. v. COE, Commissioner of Patents.

United States Court of Appeals District of Columbia.

Decided January 2, 1945.

Attorney(s) appearing for the Case

Mr. Newton A. Burgess, of New York City, with whom Messrs. Lester G. Budlong, of New York City, and Ralph B. Stewart, of Washington, D. C., were on the brief, for appellant.

Mr. E. L. Reynolds, of Washington, D. C., with whom Mr. W. W. Cochran, of Washington, D. C., was on the brief, for appellee.

Before MILLER, EDGERTON and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

This is an appeal from an order dismissing a complaint brought under Section 4915, R.S.1 against the Commissioner of Patents to authorize the grant of a patent on the application of Ernest Eger. Prior to this suit the Eger application became involved in interference proceedings with the application of one Watson. In that interference proceeding priority of invention was finally awarded to Watson after an appeal...

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