AIR REDUCTION CO. v. CARBO-OXYGEN CO.

No. 3559.

19 F.2d 1014 (1927)

AIR REDUCTION CO., Inc., Appellant, v. CARBO-OXYGEN CO., Appellee.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied July 5, 1927.


Attorney(s) appearing for the Case

John F. Neary, of Wilmington, Del. (Dean S. Edmonds and W. Brown Morton, both of New York City, of counsel), for appellant.

Irving M. Obrieght, of New York City, William G. Mahaffy, of Wilmington, Del., and Clair W. Fairbank, of New York City, for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

This case involves the validity and infringement of certain claims of two patents. As to one, No. 959,563, granted May 31, 1910, to Levy and Helbronner for a method for the separation of gases, the finding of the court below was that it was devoid of invention, and further that it was "purely a paper patent, whose application remained long in the Patent Office. It has made no imprint upon the art. As I view it, it is a duplication of Linde...

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