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VAN DER HORST CORP. OF AMERICA v. CHROMIUM CORP. OF AMERICA

No. 178, Docket 22245.

198 F.2d 748 (1952)

VAN DER HORST CORP. OF AMERICA v. CHROMIUM CORP. OF AMERICA.

United States Court of Appeals Second Circuit.

Decided August 21, 1952.

Attorney(s) appearing for the Case

J. Stanley Preston, New York City, for appellant.

Before SWAN, Chief Judge, and L. HAND and CLARK, Circuit Judges.

PER CURIAM.

The only question which seems to us to require discussion is whether we were wrong in saying that the doctrine of Alexander Milburn Co. v. Davis-Bournonville Co., 270 U.S. 390, 46 S.Ct. 324, 70 L.Ed. 651, applies to an application for the same invention filed in a foreign country. We failed to take into consideration § 72 of Title 35, U.S.C.A. which provided that it should...

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