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MICHIGAN TOOL CO. v. DRUMMOND

No. 68134.

33 F.Supp. 540 (1938)

MICHIGAN TOOL CO., Inc., et al. v. DRUMMOND et al.

District Court of the United States for the District of Columbia.

September 15, 1938.

Attorney(s) appearing for the Case

Harness, Dickey & Pierce, of Detroit, Mich. (Richard P. Schulze, of Washington, D. C., of counsel), for plaintiffs.

Hawgood & Van Horn, of Cleveland, Ohio (Raymond Jones, of Washington, D. C., of counsel), for defendants Charles H. Schurr and Lees-Bradner Co.

Bacon & Thomas, of Washington, D. C., for defendant Augustus B. Bolender.

Whittemore, Hulbert & Belknapp, of Detroit, Mich. (George A. Degnan, of Washington, D. C., of counsel), for defendants Robert S. Drummond and National Broach & Machine Co.

W. W. Cochran, of Washington, D. C., for defendant Commissioner of Patents.

LUHRING, Justice.

On rehearing of plaintiffs' motion to strike and dismiss the second counterclaim of the defendants, Charles H. Schurr and the Lees-Bradner Company, for infringement of United States Patent Number 1,642,179.

The plaintiffs seek the issuance of a patent pursuant to the provisions of 35 U.S.C. § 63, 35 U.S.C.A. § 63, on the ground that the defendant, Commissioner of Patents, acting by and through the Examiner of Interferences, erroneously...

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