LANOLIN PLUS COSMETICS v. BOTANY MILLS

No. 9986.

177 F.2d 757 (1949)

LANOLIN PLUS COSMETICS, Inc. v. BOTANY MILLS, Inc.

United States Court of Appeals Third Circuit.

Decided November 18, 1949.


Attorney(s) appearing for the Case

James R. McKnight, Chicago, Ill. (Robert C. Comstock, Chicago, Ill., and Kennard N. Ware, Philadelphia, Pa., on the brief), for appellant.

No oral argument for appellee (Ranzenhofer & Pasternack, Passaic, N. J., Clifton Cooper, New York City., on the brief).

Before MARIS and GOODRICH, Circuit Judges, and CLARY, District Judge.


MARIS, Circuit Judge.

This is an appeal from a judgment of the District Court for the District of New Jersey dismissing for lack of jurisdiction a complaint filed by the plaintiff, Lanolin Plus Cosmetics, Inc., against the defendant, Botany Mills, Inc., under § 4915 of the Revised Statutes, as amended, 35 U.S.C.A. § 63.

The controversy originated in the Patent Office. The present plaintiff's predecessor filed application Serial No. 479,141 under...

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