District Court, D. Delaware January 23, 1943, No. 273 (Minnesota Mining & Manufacturing Co. v. Carborundum Co.)

LEAHY, District Judge.

Two motions are for consideration. The first is a motion by defendant E. I. duPont de Nemours & Company1 under Rule 12(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss as to it the complaint filed on October 19, 1942, pursuant to R.S. § 4915, 35 U.S.C.A.