Westinghouse Mach. Co. v. General Electric Co.
Court of Appeals for the Second Circuit
This cause comes here upon appeal from a decree of the District Court, Northern District of New York dismissing a bill in equity.
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This cause comes here upon appeal from a decree of the District Court, Northern District of New York dismissing a bill in equity. The bill was brought under section 4915, U. S. Rev. Stat. (U. S. Comp, St. 1901, p. 3392), which provides that whenever a patent on application is refused either by the Commissioner of Patents or by the Court of Appeals of District of Columbia, upon appeal from the Commissioner, the applicant may have remedy by bill in equity, and that in such suit the court mav adjudge that such applicant is entitled to receive a patent for his invention. The opinion of Judge Ray…
1Opinion of the Court
EACOMBE, Circuit Judge.
This case grows out of an interference in the Patent Office entitled De Kando v. Armstrong, which was decided adversely to De Kando and his assignee, the Westinghouse Machine Company. The interference was between an application of De Kando filed July 3, 1906, and a patent to defendant Armstrong No. 811,758, dated February 6, 1906, on an application filed June 28, 1905.
There is controversy as to some of the important facts, but in view of the disposition we make of this cause we shall state them as they are found by the Court of Appeals, District of Columbia, and by the…
2Cited by13 opinions
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- City of Milwaukee v. Activated Sludge, Inc.Court of Appeals for the Seventh Circuit · 1934
- Bayer v. RiceCourt of Appeals for the D.C. Circuit · 1934
- Vacuum Engineering Co. v. DunnCourt of Appeals for the Second Circuit · 1913
- In re SchlittlerCourt of Customs and Patent Appeals · 1956
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