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TIBBETTS INDUSTRIES, INC. v. KNOWLES ELECTRONICS, INC.

No. 66 C 1077.

263 F.Supp. 275 (1966)

TIBBETTS INDUSTRIES, INC., and George C. Tibbetts, Plaintiffs, v. KNOWLES ELECTRONICS, INC., and Hugh S. Knowles, Defendants.

United States District Court N. D. Illinois, E. D.

December 22, 1966.

Attorney(s) appearing for the Case

Dugald S. McDougall, Theodore R. Scott and David L. Ladd, McDougall, Hersh, Scott & Ladd, Chicago, Ill., and Charles S. Grover, Boston, Mass., for plaintiffs.

Wilfred S. Stone and Anthony S. Zummer, Chicago, Ill., for defendants.

MEMORANDUM OPINION

DECKER, District Judge.

Count I of this complaint raises a question of first impression in the interpretation of the sections of the patent laws which provide for review of decisions of the Board of Patent Interferences. Plaintiff filed this suit for review under 35 U.S.C. § 146. Defendant, the successful party before the Board, moves to dismiss. The motion is denied.

"Whenever an application is made for a patent which * ...

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