HEALEY, District Judge.
This is an action brought under the provisions of U.S.C.A. Tit. 35, Section 63, by the assignee owner of a reissue patent application Serial No. 200,090, filed April 5, 1938, against the owner of a patent application Serial No. 33,733, filed July 29, 1935. Interference was declared between the two applications on February 15, 1939 (Interference No. 76,771). On February 19, 1941, the Examiner of Interferences awarded priority to the defendant...
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