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CHASE v. COE

No. 4712.

31 F.Supp. 935 (1940)

CHASE et al. v. COE, Com'r of Patents.

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

March 8, 1940.

Attorney(s) appearing for the Case

George M. Anderson, of Washington, D. C. (George F. Scull, of New York City, and Stuart Hilder, of Orange, N. J., of counsel), for plaintiffs.

William Wallace Cochran, of Washington, D. C., for defendant.

LETTS, Justice.

Upon the record there is no genuine issue as to any material fact. It is agreed or stands without dispute; that plaintiffs' application in suit was previously in an interference proceeding No. 69,901, in the Patent Office, with an application of Harold T. Avery, that said interference was declared on December 26, 1934, that claims numbered 2, 6, 7, 9, 14, 15, 16, 18, 19, 22, and 23, which are as set out in paragraph 7 of the complaint, constituted...

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