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UNITED STATES RUBBER COMPANY v. BORG-WARNER CORPORATION

No. 15432.

360 F.2d 861 (1966)

UNITED STATES RUBBER COMPANY, Plaintiff-Appellant, v. BORG-WARNER CORPORATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

May 4, 1966.

Attorney(s) appearing for the Case

George B. Newitt, Chicago, Ill., Malvin R. Mandelbaum, New York City, Bair, Freeman & Molinare, Chicago, Ill., Roger W. Robinson, Kenyon & Kenyon, New York City, Henry M. Leigh, Arthur, Dry, Kalish, Taylor & Wood, New York City, of counsel, for appellant.

Dugald S. McDougall, Richard R. Trexler, Donald W. Banner, Chicago, Ill., William S. McCurry, Jr., Chicago, Ill., of counsel, for appellee.

Before DUFFY and SWYGERT, Circuit Judges, and MAJOR, Senior Circuit Judge.

DUFFY, Circuit Judge.

Plaintiff brought this suit under Title 35 U.S.C. § 146 seeking judicial review and relief from a decision of the Board of Patent Interferences in Interference No. 89,636. The Board had awarded to defendant's Calvert application, Serial No. 383,379, priority of invention over plaintiff's Childers and Fisk Patent No. 2,820,773. The effect of that order is to authorize issuance of a patent on the disputed invention to defendant, and to require...

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