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LOFTIN v. RCA MFG. CO.

Civ. No. 144.

53 F.Supp. 519 (1943)

LOFTIN v. RCA MFG. CO., Inc.

District Court, D. Delaware.

January 15, 1943.

Attorney(s) appearing for the Case

Daniel DePace, of Wilmington, Del., for plaintiff.

Arthur G. Connolly, of Wilmington, Del., and John B. Cuningham (of Fish, Richardson & Neave), of New York City, for defendant.

LEAHY, District Judge.

No fact question exists. Defendant moved for summary judgment dismissing all ten claims of the Tubbs patent No. 1,977,536, except Claim 2; and for summary judgment as to Claim 2 as invalid. The summary judgment motion is supported by an affidavit which includes copies of Tubbs and Smith patent No. 2,323,250, whose claims 28-37 are similar to the ten claims of Tubbs in suit. After interference proceedings had commenced, the complaint here was...

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