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KERNER INCINERATOR CO. v. TOWNSEND ESTATES

No. 1306.

27 F.2d 599 (1926)

KERNER INCINERATOR CO. v. TOWNSEND ESTATES, Inc., et al.

District Court, N. D. Ohio, E. D.

On Rehearing, January 19, 1927.

Attorney(s) appearing for the Case

Laurence A. Janney and Emery, Booth, Janney & Varney, all of Chicago, Ill., for plaintiff.

Gaughan & Collins, of Cleveland, Ohio, and Frease & Bond, of Canton, Ohio, for defendants.

WESTENHAVER, District Judge.

This is the usual patent infringement suit. It is based on United States letters patent 1,108,164, issued to Theodore Kerner, August 25, 1914, on application filed April 15, 1912, and by him assigned to plaintiff. Claims 1, 2, 3, 5, and 6 are in issue. The defenses are invalidity, in view of the prior art, for lack of novelty and of patentable invention, and also noninfringement, in view of the...

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