Ferwerda v. Bendix Aviation Corp.

SMITH, District Judge.

This is a civil action under the Patent Laws, revised, 35 U.S.C.A. § 146, to establish the priority of invention and the right to a patent. The action is before the Court at this time on the motion of the defendant to dismiss the complaint on the ground that the right of the plaintiffs to maintain the action is barred by the statute and the apposite rules of practice promulgated by the Patent Office.

The allegations of the complaint disclose that on June 30, 1953, after notices of interferences and proceedings had thereon, the board of patent interferences adjudged one…