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SHELL DEVELOPMENT CO. v. UNIVERSAL OIL PRODUCTS CO.

Nos. 9118-9121.

157 F.2d 421 (1946)

SHELL DEVELOPMENT CO. v. UNIVERSAL OIL PRODUCTS CO., and three other cases.

Circuit Court of Appeals, Third Circuit.

Decided September 5, 1946.

Attorney(s) appearing for the Case

Theodore S. Kenyon, of New York City (Richards, Layton & Finger, of Wilmington, Del., and Malvin R. Mandelbaum, of New York City, on the brief), for appellant in No. 9118.

Drury W. Cooper, of New York City (C. S. Layton and Robert H. Richards, both of Wilmington, Del., Hobart N. Durham, of New York City, and William H. Foulk, of Wilmington, Del., on the brief), for appellants in Nos. 9119, 9120, 9121.

Charles M. Thomas, of Washington, D. C., William S. Potter, of Wilmington, Del. (William F. Hall, of Washington, D. C., on the brief), for appellee.

Before GOODRICH and McLAUGHLIN, Circuit Judges, and KALODNER, District Judge.

McLAUGHLIN, Circuit Judge.

An equity patent action was instituted in the District Court under R.S. Section 4915, 35 U.S.C.A. § 63.1 The complaint was dismissed on defendant's motion and the plaintiff appeals. The opinions of the District Court are reported in 61 F.Supp. 925 and 63 F.Supp. 476.

On December 21, 1943, in Interference No. 78,016, the Board...

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