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THERMOVAC INDUSTRIES CORP. v. VIRTIS CO.

No. 65 Civ. 586.

285 F.Supp. 113 (1968)

THERMOVAC INDUSTRIES CORP., Plaintiff, v. The VIRTIS CO., Inc., Defendant.

United States District Court S. D. New York.

May 14, 1968.

Attorney(s) appearing for the Case

Sydney B. Schlessel. New York City, for plaintiff.

Kenyon & Kenyon, by John Kidd, New York City, and Walsh & Case, by Robert E. Wagner, Chicago, Ill., for defendant.

MEMORANDUM

LEVET, District Judge.

The defendant in this action has moved to dismiss this suit for infringement upon the basis of Sections 184 and 185 of Title 35 U.S.C.A., particularly upon the ground that within six months after filing the application for the patent in the office of the Commissioner of Patents of the United States on February 12, 1963, the applicant filed an application for the same patent in...

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