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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