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AUSTIN MACHINERY CO. v. BUCKEYE TRACTION DITCHER CO.

No. 4315.

13 F.2d 697 (1926)

AUSTIN MACHINERY CO. v. BUCKEYE TRACTION DITCHER CO.

Circuit Court of Appeals, Sixth Circuit.

On Application for Rehearing, October 9, 1926.

Attorney(s) appearing for the Case

John C. Carpenter and Will R. Wood, both of Cincinnati, Ohio (Munday, Clarke & Carpenter, of Chicago, Ill., and Tracy, Chapman & Welles, of Toledo, Ohio, on the brief), for appellant.

Chas. W. Owen, of Toledo, Ohio (Owen, Owen & Crampton, of Toledo, Ohio, on the brief), for appellee.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DENISON, Circuit Judge.

The court below dismissed the infringement suit brought by the appellant, as plaintiff, based upon the Bentson patent, No. 1,246,527, dated November 13, 1917, for an improvement in trenching machines. This patent had to do solely with an improvement, consisting of a spring cleaning device, by which the buckets on the continuous chain would be automatically cleaned by a resilient scraper. The court found that the patent involved invention and...

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