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SHAFFER TOOL WORKS v. JOY MANUFACTURING COMPANY

Civ. A. No. 71-H-1278.

352 F.Supp. 822 (1972)

SHAFFER TOOL WORKS and Raymond W. Walker, Plaintiffs, v. JOY MANUFACTURING COMPANY and Charles D. Crickmer, Defendants.

United States District Court, S. D. Texas, Houston Division.

May 5, 1972.

Attorney(s) appearing for the Case

Fulbright, Crooker & Jaworski, James F. Weiler, Houston, Tex., Miketta, Glenny, Poms & Smith, Los Angeles, Cal., for plaintiffs.

Bryan, Patton & Westmoreland, Chilton Bryan, Houston, Tex., Rose, Schmidt & Dixon, Pittsburgh, Pa., for defendants.

SEALS, District Judge.

MEMORANDUM OPINION:

This is an action filed pursuant to 35 U.S.C. § 146 and 28 U.S.C. § 1338 to review the decision of the Board of Patent Interferences of the United States Patent Office in awarding priority to the Defendant Crickmer on one of four claims of priority of invention (counts) which were the subject of the interference proceeding. The defendants have filed a counterclaim seeking to reverse the award of priority...

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