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RADIO CORP. OF AMERICA v. INTERNATIONAL STAND. E. CORP.

No. 11756.

232 F.2d 726 (1956)

RADIO CORPORATION OF AMERICA and United States of America v. INTERNATIONAL STANDARD ELECTRIC CORPORATION.

United States Court of Appeals Third Circuit.

Decided April 19, 1956.

Attorney(s) appearing for the Case

Stephen H. Philbin, New York City, William H. Foulk, Wilmington, Del. (John Farley, New York City, James L. Whittaker, Floyd M. Harris, Princeton, N. J., on the brief), for appellant.

Ralph B. Stewart, Washington, D. C. (William S. Potter, Berl, Potter & Anderson, Wilmington, Del., Edward D. Phinney, C. Cornell Remsen, J. Pierre Kolisch, Rayson P. Morris, New York City, on the brief), for appellee.

Before GOODRICH, KALODNER and STALEY, Circuit Judges.

GOODRICH, Circuit Judge.

This is a proceeding to determine priority between two claimants for a patent. It is brought under section 146 of the Patent Act of 1952, 35 U.S.C.A. § 146 and is what used to be called a "4915 proceeding." The senior applicant won in the patent office and in the district court1 and R.C.A., the junior applicant, brings the case here on appeal.

Two points are involved. The first has to do with jurisdiction...

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