Legal Opinion

Gold v. Gold

Court of Appeals for the Second Circuit

Decided April 10, 1911No. 226PublishedCited by 9 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Egbert H. Gold against Edward E. Gold. Decree for defendant, and complainant appeals. On appeal from a decree of the Circuit Court for the Southern District of New York, sustaining a demurrer and dismissing the bill which was filed under section 4915 of the Eevised Statutes (IT. S. Comp.

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Appeal from the Circuit Court of the United States for the Southern District of New York. Suit in equity by Egbert H. Gold against Edward E. Gold. Decree for defendant, and complainant appeals. On appeal from a decree of the Circuit Court for the Southern District of New York, sustaining a demurrer and dismissing the bill which was filed under section 4915 of the Eevised Statutes (IT. S. Comp. St. 1901, p. 8392) praying for a decree adjudging that the complainant is entitled to a patent for an invention as to which priority has been awarded to the defendant by the Patent Office, which…

1Opinion of the Court

COXE, Circuit Judge.

Owing to the fact that the briefs discuss a number of propositions which are not directly involved in this appeal, the appearance of unusual complexity is given to what, in reality, is a comparatively simple question.

[1] The bill filed under section 4915 of the Revised Statutes prays that the complainant may be awarded a patent for the invention pointed out in the claims set forth in paragraph VII of the bill. The bill also prays for a decree holding that the complainant was the original and first inventor of the invention pointed out in said claims and is entitled to a…

2Cited by9 opinions

  1. Tomlinson of High Point v. CoeCourt of Appeals for the D.C. Circuit · 1941
  2. Chemical Bank & Trust Co. v. Prudence-Bonds Corp. (New Corp.)Court of Appeals for the Second Circuit · 1953
  3. In Re LaughlinCourt of Customs and Patent Appeals · 1931
  4. In re WoodsomeCourt of Appeals for the D.C. Circuit · 1926
  5. Pierce v. Allen B. Du Mont Laboratories, Inc.District Court, D. Delaware · 1959

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