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TIDEWATER PATENT DEVELOPMENT CO. v. GILLETTE COMPANY

No. 7843.

273 F.2d 936 (1959)

TIDEWATER PATENT DEVELOPMENT COMPANY, Incorporated, Appellant, v. GILLETTE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 10, 1959.

As Corrected January 7, 1960.

Attorney(s) appearing for the Case

George B. Finnegan, Jr., New York City (Worthington & White, Norfolk, Va., and Albert H. Brodkin, New York City, on the brief) for appellant.

Bruce Bromley, New York City (Willcox, Cooke, Savage & Lawrence, Richard B. Spindle, III, Norfolk, Va., Cravath, Swaine & Moore; John D. Calhoun; Fish, Richardson & Neave, Henry R. Ashton, Edgar H. Kent and Rynn Berry, New York City, on the brief), for appellee.

John M. Friedman, New York City (Harry Martin, pro se, on the brief), for Harry Martin, amicus curiae.

Adolph A. Rubinson, Chicago, Ill., for Helene Curtis Industries, Inc., by permission of the Court.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a judgment of the District Court in an action brought under 35 U.S.C. § 146 (derived from R.S. § 4915) to determine the correctness of a decision of the Board of Patent Interferences in the United States Patent Office whereby priority was awarded to Everett G. McDonough over Harry Martin with respect to an invention relating to the permanent waving of human hair. After a hearing in the District Court the judge...

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