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AUTO HONE CO. v. HALL CYLINDER HONE CO.

No. 434.

3 F.2d 479 (1924)

AUTO HONE CO., Inc., et al. v. HALL CYLINDER HONE CO.

District Court, N. D. Ohio, W. D.

May 22, 1924.

Attorney(s) appearing for the Case

Emery, Booth, Janney & Varney, of Boston, Mass. (Everett S. Emery, of Boston, Mass., of counsel), for plaintiffs.

Owen, Owen & Crampton, of Toledo, Ohio (Charles W. Owen, of Toledo, Ohio, of counsel), for defendant.

WESTENHAVER, District Judge.

This is the usual patent infringement suit. It is based on United States letters patent No. 1,193,884, issued to Victor J. Emery and Mellen N. Bray, August 8, 1916. Claims 5 and 6 only are in issue. The defense is noninfringement. The validity generally of the patent is not challenged, but it is urged that claim 5, if given the broad construction for which plaintiff contends, is void as functional.

The device in question is a portable...

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