Radio Condenser Co. v. General Instrument Corporation

SWAN, Circuit Judge.

The counterclaim wras dismissed on the ground that the patents to Cohen were invalid because of unreasonable delay in filing a disclaimer after adverse decisions in interference proceedings in the United States Patent Office. Prom an affidavit supporting the motion to dismiss, it appears that almost immediately after the issuance of the first Cohen patent, No. 1,555,634, issued September 29, 1925, claims 1 and 2 were placed in interference -with two claims of an earlier application for patent by one Shaw, and on May 13,1927, the Examiner of Interferences, upon testimony…