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CARSON v. AMERICAN SMELTING & REFINING CO.

No. 4304.

4 F.2d 463 (1925)

CARSON v. AMERICAN SMELTING & REFINING CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 9, 1925.

Attorney(s) appearing for the Case

John H. Miller, Chas. S. Wheeler, Jr., and A. W. Boyken, all of San Francisco, Cal., for appellant.

John A. Shackleford, of Tacoma, Wash., Frederick P. Fish, of Boston, Mass., Albert M. Austin, of New York City, and J. L. Stackpole, of Boston, Mass., for appellee.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge.

The appellant brought suit for the infringement of the claims of two patents. The suit was dismissed on the ground that the claims were anticipated by the British patent to Siemens, No. 2,413, issued in 1866. The appellant's claims relate both to open-hearth and reverberatory furnaces used in smelting copper ores. His first patent, No. 1,149,495, issued August 10, 1915, is entitled "Metallurgical Furnace." The second patent, No. 1,302,307,...

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