Legal Opinion
W. A. Baum Co. v. Becton, Dickinson & Co.
Court of Appeals for the Third Circuit
Decided August 12, 1938No. 6668PublishedCited by 1 opinion
1Opinion of the Court
DAVIS, Circuit Judge.
This case is before us on the defendant’s motion to dismiss the plaintiff’s appeal. The ground on which the motion is based is that the plaintiff delayed for an unreasonable length of time, after certain claims of its patent were held invalid by the District Court, without filing a' disclaimer as to those claims, and that, therefore, its patent is invalid under the provisions of the Disclaimer Statutes. R.S. §§ 4917 and 4922; 35 U.S.C.A. §§ 65 and 71.
These sections in substance provide that whenever through inadvertence, accident or mistake, and without any fraudulent or…
2Cases cited4 opinions
- Ensten v. Simon, Ascher & Co.Supreme Court of the United States · 1931
- General Chemical Co. v. Standard Wholesale Phosphate & Acid Works, Inc.Court of Appeals for the Fourth Circuit · 1935
- Better Packages, Inc. v. L. Link & Co.Court of Appeals for the Second Circuit · 1935
- Railway Engineering Equipment Co. v. Oregon Short Line R.Court of Appeals for the Tenth Circuit · 1935
3Cited by1 opinion
- Black, Sivalls & Bryson, Inc. v. National Tank Co.Court of Appeals for the Tenth Circuit · 1971