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C. B. COTTRELL & SONS CO. v. CLAYBOURN PROCESS CORPORATION

17 F.2d 279 (1926)

C. B. COTTRELL & SONS CO. v. CLAYBOURN PROCESS CORPORATION.

District Court, E. D. Wisconsin.

October 14, 1926.

Attorney(s) appearing for the Case

E. Clarkson Seward, of New York City, and Edwin B. H. Tower, Jr., of Milwaukee, Wis., for plaintiff.

Lines, Spooner & Quarles, of Milwaukee, Wis., for defendant.

GEIGER, District Judge.

The case arises on two patents granted McKee, assignor of plaintiff. The issues of validity and infringement necessitate some detailed examination of the patents declared upon, prior patents to the same patentee, and also other earlier patents urged as prior art. The patents in suit, viewed in the light of other McKee patents, arouse serious misgivings respecting their real merit, because of the possibility of equivocally asserting them as...

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