POLAROID CORPORATION v. CLARK

No. 9349.

159 F.2d 28 (1947)

POLAROID CORPORATION et al. v. CLARK et al.

United States Court of Appeals District of Columbia.

Decided January 13, 1947.


Attorney(s) appearing for the Case

Mr. Donald L. Brown, of New York City, of the Bar of the State of New York, pro hac vice, by special leave of court, with whom Mr. Cecil A. Beasley was on the brief, of Washington, D. C., for appellants.

Mr. Charles Albert Webb, of Washington, D. C., also entered an appearance for appellants.

Mr. David Schwartz, Chief Trial Atty., Claims Division, Department of Justice, of Washington, D. C., with whom Mr. Harry LeRoy Jones, Sp. Asst. to the Atty. Gen., was on the brief, for appellee Clark.

Messrs. W. W. Cochran, Sol., U. S. Patent Office, and E. L. Reynolds, U. S. Patent Office, both of Washington, D. C., entered appearances for appellee Ooms.

Before EDGERTON, CLARK and WILBUR K. MILLER, Associate Justices.


WILBUR K. MILLER, Associate Justice.

In December, 1939, one Sauer, a German national, was granted a patent on a claim relating to a polarizing film which, placed between two layers of transparent material, merged gradually into that material, with decreasing polarizing effect.

Smith, one of the appellants, filed an application on the same claim in June, 1940, and, in an interference proceeding, priority was awarded to Sauer. Smith and his assignee, Polaroid...

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