FERWERDA v. COAKWELL

Civ. No. 30506.

121 F.Supp. 334 (1953)

FERWERDA et al. v. COAKWELL.

United States District Court N.D. Ohio, E.D.

On Motion for Reconsideration February 18, 1954.


Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., Washington, D. C., G. M. Paddack, Attorney, United States Department of Justice, Washington, D.C., and John J. Kane, Jr., U. S. Attorney, Cleveland, Ohio, for plaintiffs.

Evans & McCoy, Cleveland, Ohio (Frank S. Greene, Cleveland, Ohio, of counsel), for defendant.


McNAMEE, District Judge.

The Complaint alleges that on June 30, 1953 the Board of Interference Examiners in the Patent Office adjudged priority of invention to the defendant. Sixty-two days later, on August 31, 1953, plaintiffs filed this action to authorize the issuance of a patent to plaintiff Ferwerda. Defendant filed a motion to dismiss the Complaint on the ground that the action was filed too late.

Section 146 of Public Law No. 593, 82nd Congress, 35...

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