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MAS v. COCA COLA CO.

No. 6384.

198 F.2d 380 (1952)

MAS et al. v. COCA COLA CO.

United States Court of Appeals Fourth Circuit.

Decided July 26, 1952.

Attorney(s) appearing for the Case

George A. Finch, Baltimore, Md., for appellants.

Hilary W. Gans, Baltimore, Md. (Cook, Ruzicka, Veazey & Gans, Baltimore, Md., Spalding, Sibley, Troutman & Kelley, Robert B. Troutman, James M. Sibley, K. Wilson Corder and Richard F. Atwood, all of Atlanta, Ga., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PER CURIAM.

The defendant Coca Cola Company is the owner of a design patent on a beverage bottle issued on the application of one Kelly filed in the year 1937. On October 15, 1938, plaintiff, George N. Mas, applied for a design patent practically identical with that of Kelly. An interference was declared and in the course of the interference proceedings plaintiff claimed not only priority of conception and reduction to practice but also that he had made disclosure...

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