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STAMICARBON, N.V. v. CHEMICAL CONSTRUCTION CORP.

Civ. A. No. 4442.

401 F.Supp. 384 (1975)

STAMICARBON, N.V. and Mathieu Bongard, Plaintiffs, v. CHEMICAL CONSTRUCTION CORPORATION, Defendant.

United States District Court, D. Delaware.

July 30, 1975.

Attorney(s) appearing for the Case

John G. Mulford of Theisen, Lank & Mulford, Wilmington, Del., and Carl G. Love, of Cushman, Darby & Cushman, Washington, D.C., of counsel, for plaintiffs.

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, Del., and Berj A. Terzian, Stanton T. Lawrence, Jr., Clyde C. Metzger, and Gidon D. Stern, of Pennie & Edmonds, New York City, of counsel, for defendant.

OPINION

LATCHUM, Chief Judge.

In this action, the Court is called upon to review a decision of the United States Patent Office Board of Patent Interferences which, in an interference proceeding, awarded priority of two patent counts to the plaintiff, Mathieu Bongard ("Bongard") over Ivo Mavrovic, the assignor of the defendant, Chemical Construction Corporation ("Chemico"). Jurisdiction is based on 35 U.S.C. § 146 and 28 U.S.C. § 1338.

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