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U.S. Court of Appeals for the Eighth Circuit, 1950

Otto Henning and Carter Carburetor Corporation v. Clarence H. Jorgensen, Clarence H. Jorgensen, Administrator, and General Motors Corporation

Otto Henning and Carter Carburetor Corporation v. Clarence H. Jorgensen, Clarence H. Jorgensen, Administrator, and General Motors Corporation
U.S. Court of Appeals for the Eighth Circuit · Decided March 31, 1950 · Sanborn, Woodrough, Riddick
180 F.2d 353 (Federal Reporter, Second Series)

Counsel

Hugh M. Morris, Wilmington, Del. (Bertram H. Mann, Jr., and George R. Ericson, St. Louis, Mo., on the brief), for appellants., John H. Bruninga, St. Louis, Mo. (Alex F. Baillio, Detroit, Mich., on the brief), for appellees.

Otto Henning and Carter Carburetor Corporation v. Clarence H. Jorgensen, Clarence H. Jorgensen, Administrator, and General Motors Corporation

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Opinion

WOODROUGH, Circuit Judge.

This appeal is taken from a suit brought under Revised Statutes, Sec. 4915, Title 35 U.S.C.A. § 63, to authorize the Commissioner of Patents to issue a patent embodied in the claim which was the subject matter of an interference proceeding before the Patent Office, to the General Motors Corporation, assignee of the appellees, Clarence H. Jorgensen and Clarence PI. Jorgensen, Administrator.

The appeal was consolidated with that of Ericson et al. v. Jorgensen et al., 8 Cir., 180 F.2d 180, in which an opinion has been filed this day. The decision in the Ericson case is applicable to this case as the same questions are involved.

For the reasons stated in the opinion in the Ericson case the judgment appealed from is affirmed.

Affirmed.

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