Cleveland Trust Co. v. Berry

ALLEN, Circuit Judge.

This is an appeal from a decree dismissing appellant’s bill instituted under Title 35, § 63, U.S.C., 35 U.S.C.A. § 63, 1 praying that appellant be adjudged entitled to a patent. Appellant is assignee of the application of Frank Jardine, filed July 31, 1925, for a patent on a piston used in an internal combustion engine. The application was thrown into interference with several others, of which only those of Adolph Nelson and appellee Berry need be mentioned hero. In the interferences out of which this action grows the Patent Office determined that the various parties…