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JOHN B. PIERCE FOUNDATION v. PENBERTHY INJECTOR CO.

No. 1231.

38 F.Supp. 144 (1941)

JOHN B. PIERCE FOUNDATION et al. v. PENBERTHY INJECTOR CO.

District Court, D. Delaware.

March 29, 1941.

Attorney(s) appearing for the Case

Henry J. Lucke and Andrew G. Hubbard, both of New York City, and Hugh M. Morris and Alexander L. Nichols, both of Wilmington, Del., for plaintiffs.

Charles W. Hills, Jr., and Benjamin H. Sherman, (of the firm of Charles W. Hills), both of Chicago, Ill., and Herbert L. Cohen, of Wilmington, Del., for defendant.

NIELDS, District Judge.

This is a suit in equity under section 4915, U.S.R.S., 35 U.S.C.A. § 63, growing out of an interference in the Patent Office between William C. Groeniger, assignor to plaintiff corporation, and Howard L. Yoder, assignor to defendant corporation. The Patent Office found Yoder to be the first inventor and refused a patent to Groeniger who thereupon brought this suit.

The invention is for use in the supply line of plumbing fixtures...

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