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KLUMB v. ROACH

No. 8494.

151 F.2d 374 (1945)

KLUMB v. ROACH et al.

Circuit Court of Appeals, Seventh Circuit.

October 26, 1945.

Attorney(s) appearing for the Case

Edwin B. H. Tower, Jr., of Milwaukee, Wis., for appellant.

Ira Milton Jones, of Milwaukee, Wis., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

MAJOR, Circuit Judge.

This action was brought under § 4915 of the Revised Statutes, 35 U.S.C.A. § 63, by the plaintiff Klumb, the unsuccessful party in a Patent Office interference, to ajudicate the question of priority between interfering applications for Letters Patent filed by the plaintiff and the defendant Roach. The issues before the District Court related to the question of priority of invention. Such issues were found in favor of the plaintiff and...

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