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METALS & CONTROLS CORP. v. COE

January 22, 1943

METALS & CONTROLS CORPORATION et al.
v.
COE, Commissioner of Patents



The opinion of the court was delivered by: EICHER

On Petition for Reconsideration.

Having read both the defendant's petition for reconsideration and plaintiff's memorandum opposing same, it is by the Court considered that its memorandum of January 14 should be, and it is, adhered to and that further procedure in this cause should be as therein directed.

 Reference is made to an authority not mentioned by either counsel, namely, General Electric Co. v. Bullock Electric Mfg. Co., 1907, 6 Cir., 152 F. 427, wherein Circuit Judge Richards, speaking for himself, Lurton and Severens applies the sort of yardstick for the ascertainment of invention which this Court believes should be controlling under the facts in this case. The discussion therein, to my mind, persuasively distinguishes the authorities cited in the defendant's petition for reconsideration and convincingly adapts the principle recognized in Potts v. Creager, 155 U.S. 597, 15 S. Ct. 194, 39 L. Ed. 275.

 The petition for reconsideration is therefore denied.

19430122

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