Legal Opinion
Powell v. McNamara
District Court, N.D. New York
Decided July 5, 1933PublishedCited by 4 opinions
1Opinion of the Court
BRYANT, District Judge.
In this suit in equity, brought under R. S. § 4915 (35 USCA § 63), plaintiff seeks to establish his rights to letters patent, which were denied to him by the Commissioner of Patents, and which denial was affirmed by the Board of Appeals.
The matter in issue is directed to an improvement in mufflers. Powell filed application for patent on November 28, 1927, and McNamara an application for patent on the same improvement on January 18, 1928, less than two months later. Certain claims in each application were allowed for interference purposes.
The matter was tried before the…
2Cases cited4 opinions
- Morgan v. DanielsSupreme Court of the United States · 1894
- United Shoe Machinery Corp. v. MutherCourt of Appeals for the First Circuit · 1923
- O'DONNELL v. United Shoe MacHinery CorporationDistrict Court, D. Massachusetts · 1933
- Hernandez v. Prizma, Inc.District Court, D. Maine · 1930
3Cited by4 opinions
- McNamara v. PowellAppellate Division of the Supreme Court of the State of New York · 1939
- Eastman Kodak Co. v. E. I. DuPont De Nemours & Co.District Court, E.D. Tennessee · 1969
- McNamara v. Powell Muffler Co.District Court, N.D. New York · 1941
- Zalkind v. ScheinmanDistrict Court, S.D. New York · 1948