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RADIO CORPORATION OF AMERICA v. PHILCO CORPORATION

No. 13915.

309 F.2d 397 (1962)

RADIO CORPORATION OF AMERICA, Appellant, v. PHILCO CORPORATION, Appellee.

United States Court of Appeals Third Circuit.

Decided November 2, 1962.

Attorney(s) appearing for the Case

Stephen H. Philbin, New York City (Schnader, Harrison, Segal & Lewis, by Edward W. Mullinix, Philadelphia, Pa., on the brief, A. Russinoff, Princeton, N. J., of counsel), for appellant.

Thomas M. Ferrill, Jr., Philadelphia, Pa. (Thomas M. Ferrill, Jr., Allen V. Hazeltine, and Dexter N. Shaw, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, and HASTIE, Circuit Judges, and DUMBAULD, District Judge.

PER CURIAM.

The Board of Patent Interferences in an interference proceeding between appellant's Sziklai patent application and appellee's Moore patent application decided unanimously in favor of Moore on the ground that the Sziklai application does not support the interference count. Judge Leahy in the district court, after a trial de novo, affirmed that finding of the Board.

The Board had also found that while Moore had proven prior conception his patent...

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