MIKE LEVINE, v. BAER, (S.D.N.Y. 1939)

COXE, District Judge.

The patent on which this suit is based was not issued until after the action was started; the subsequent issue of the patent was, therefore, ineffective to support the action. The defect cannot be cured by amendment. American Bonding Trust Co. v. Gibson County, 6 Cir., 145 F. 871, 7 Ann.Cas. 522; Eveland v. Detroit Machine Tool Co., D.C., 18 F.2d 968.

The motion of the defendants to dismiss is granted.