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S. & S. CORRUGATED PAPER MACH. CO. v. GEORGE W. SWIFT, INC.

Nos. 9768, 9790.

176 F.2d 358 (1949)

S. & S. CORRUGATED PAPER MACHINERY CO., Inc., v. GEORGE W. SWIFT, JR., INC.

United States Court of Appeals Third Circuit.

Decided August 5, 1949.

Attorney(s) appearing for the Case

Samuel Ostrolenk, New York City, Sidney G. Faber, New York City (Ostrolenk & Faber, New York City, Osborne, Cornish & Scheck, Newark, N. J., on the brief), for plaintiff.

Kenneth S. Neal, New York City (McCarter, English & Studer, and James R. E. Ozias, Newark, N. J., on the brief), for defendant.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

These are cross-appeals arising out of a patent controversy which had its beginnings in the Patent Office. The Board of Interference Examiners determined that as between Shields, who assigned to the plaintiff, S. & S. Corrugated Paper Machinery Co., Inc., and Morrison, who assigned to the defendant, George W. Swift, Jr., Inc., the latter was entitled to a patent on the mechanism involved on the ground that he was the prior inventor. Plaintiff...

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