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AMERICAN MACH. & FDRY. CO. v. LIGGETT & MYERS TOBACCO CO.

No. 12924.

272 F.2d 451 (1959)

AMERICAN MACHINE & FOUNDRY COMPANY, Plaintiff-Appellant, v. LIGGETT & MYERS TOBACCO COMPANY, Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided November 18, 1959.

Attorney(s) appearing for the Case

William J. Barnes, New York City (Stuart A. White, William A. Drucker, New York City, McCarter & English, Newark, N. J., By Verling C. Enteman, Newark, N. J., on the brief), for plaintiff-appellant.

W. Houston Kenyon, Jr., New York City (Kenyon & Kenyon, James H. Callahan, William T. Boland, Jr., New York City, Pitney, Hardin & Ward, Newark, N. J., on the brief), for defendant-appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

PER CURIAM.

Appellant, owner of the Bandel patent application on a tobacco sheet, brought a patent interference proceeding against appellee, owner of the Samfield, et al. patent No. 2,708,175. The Patent Office awarded priority of invention to Samfield, et al. In an attempt to reverse that award appellant filed suit in the district court under 35 U.S.C.A. § 146 (1952). Chief Judge Forman in the district court held that appellant "* * * failed to prove that Dr...

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