R. J. MORAN CO. v. SEECK & KADE


91 F.Supp. 188 (1950)

R. J. MORAN CO. v. SEECK & KABE, Inc.

United States District Court S. D. New York.

June 14, 1950.


Attorney(s) appearing for the Case

Bader & Bader, New York City, (Harold E. Cole, Boston, Mass., of counsel), for plaintiff.

C. P. Goepel, New York City, for defendant.


IRVING R. KAUFMAN, District Judge.

The defendant has moved to dismiss the complaint or, in the alternative, to strike paragraphs 10 to 17 inclusive of the complaint.

Plaintiff has filed suit under Section 4915 of the Revised Statutes, 35 U.S.C.A. § 63, which provides in part as follows: "§ 63. Bill in equity to obtain patent.

"Whenever a patent on application is refused by the Board of Appeals or whenever any applicant is dissatisfied...

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