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OATES v. CAMP

No. 3977.

83 F.2d 111 (1936)

OATES v. CAMP.

Circuit Court of Appeals, Fourth Circuit.

April 6, 1936.

Attorney(s) appearing for the Case

David P. Wolhaupter, of Washington, D. C. (Frederick S. Stitt, of Washington, D. C., and Williams, Mullen & Hazelgrove and Fielding L. Williams, all of Richmond, Va., on the brief), for appellant.

K. Wilson Corder, of Atlanta, Ga., and Edwin S. Clarkson, of Washington D. C. (Spalding, Sibley, Troutman & Brock, John A. Sibley, and Robert B. Troutman, all of Atlanta, Ga., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a decree holding Camp patent No. 1,793,673, for a road guard, valid and infringed. The defendant does not here contest the validity of the patent, except as to claim 10, which is said to be too broad; but contends that in view of the prior art, the claims should be construed as limited to the precise instrumentality described in the specifications and drawings, and that when so limited they are not infringed by the road...

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