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  5. 38 F.Supp. 154 (1941)
 

JOHN B. PIERCE FOUNDATION v. PENBERTHY INJECTOR CO.

No. 19.

38 F.Supp. 154 (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 under section 4918, U.S. R.S., 35 U.S.C.A. § 66. The complaint alleges that claim 8 of defendant's patent No. 2,117,389 is for the same invention as claim 4 of plaintiffs' patent No. 2,033,467. It prays that the court decree that claim 8 of defendant's patent is void and invalid. It is admitted that defendant's patent and plaintiffs' patent as to claims 8 and 4 respectively are interfering patents.

Claim 4 of plaintiffs...

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