DUFFY, District Judge.
This is a suit brought under R.S. § 4915, 35 U.S.C.A. § 63, and is an inter partes action. Defendant Thornbery's application for patent was filed August 22, 1935. Plaintiff Kronmiller's application was filed June 27, 1936. Although co-pending for more than three years the Patent Office, by inadvertence or otherwise, did not declare an interference. Patent 2,183,827 was issued December 19, 1939, upon Thornbery's application, and thereafter...
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