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SHAFFER TOOL WORKS v. JOY MFG. CO.

Civ. A. No. 71-H-1278.

424 F.Supp. 1269 (1976)

SHAFFER TOOL WORKS and Raymond W. Walker, Plaintiffs, v. JOY MANUFACTURING COMPANY and Charles D. Crickmer, Defendants.

United States District Court, S. D. Texas, Houston Division.

December 16, 1976.

Attorney(s) appearing for the Case

William Poms and Louis J. Bovasso, Poms, Smith, Lande & Glenny, Los Angeles, Cal., and James F. Weiler, Fulbright & Jaworski, Houston, Tex., for plaintiffs.

Raymond G. Hasley, Rose, Schmidt & Dixon, E. W. Breish, Joy Manufacturing Co., Pittsburgh, Pa., and Chilton Bryan, Houston, Tex., for defendants.

MEMORANDUM OPINION

SEALS, District Judge.

This long, involved and difficult cause of action is before the Court for the rendering of an opinion in Plaintiffs' appeal from a decision of the Board of Patent Interferences (hereinafter the Board) in the United States Patent and Trademark Office under 35 U.S.C. § 146. The case was tried to the Court on the issue of priority of invention and the Court is of the opinion that Plaintiffs should prevail in all...

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