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MILCOR STEEL CO. v. FULLER CO.

No. 720.

316 U.S. 143 (1942)

62 S.Ct. 969

86 L.Ed. 1332

MILCOR STEEL CO. v. GEORGE A. FULLER CO. ET AL.

Supreme Court of United States.

Decided April 27, 1942.

Attorney(s) appearing for the Case

Mr. George L. Wilkinson, with whom Mr. Asher Blum was on the brief, for petitioner.

Mr. Malcolm K. Buckley, with whom Mr. Conrad Christel was on the brief, for respondents.

Mr. Truman Sunderland Safford filed a brief, as amicus curiae, urging reversal.

MR. JUSTICE BLACK delivered the opinion of the Court.

This is a suit brought in the District Court for infringement of two claims of a patent issued to one Holdsworth and assigned to the petitioner. One defense pleaded by the respondents was that Holdsworth was not the original inventor. When a patentee, "through inadvertence, accident, or mistake, and without any fraudulent or deceptive intention . . . has claimed more than that of which he was the original or first...

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