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LORENZ v. COLGATE-PALMOLIVE-PEET CO.

Nos. 9331, 9334.

167 F.2d 423 (1948)

LORENZ et al. v. COLGATE-PALMOLIVE-PEET CO.

Circuit Court of Appeals, Third Circuit.

Decided April 1, 1948.

Attorney(s) appearing for the Case

Malcolm Wilson, of White Plains, N. Y. (D. Barlow Burke, of Philadelphia, Pa., on the brief), for Lorenz and Wilson.

Frank E. Barrows, of New York City (Wall, Haight, Carey & Hartpence, of Jersey City, N. J., and Pennie, Edmonds, Morton & Barrows and R. T. McLean, all of New York City, on the brief), for Colgate-Palmolive-Peet Co.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

BIGGS, Circuit Judge.

This is the second time that this litigation has been before us. In the District Court Lorenz and Wilson (Lorenz), persons interested in Lorenz Patent No. 2,084,446, one of two interfering patents, brought suit under R.S. § 4918, 35 U.S.C.A. § 66, against Colgate-Palmolive-Peet Company (Colgate), the owner of the other interfering patent, Ittner, No. 1,918,603. The complaint prayed for an adjudication that Lorenz was the first and original...

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