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BUCKEYE INCUBATOR CO. v. COOLEY

No. 3510.

17 F.2d 453 (1927)

BUCKEYE INCUBATOR CO. et al. v. COOLEY.

Circuit Court of Appeals, Third Circuit.

February 8, 1927.

Attorney(s) appearing for the Case

Wylie C. Margeson, of New York City, William Newcorn, of Plainfield, N. J., and Alfred W. Kiddle, of New York City, for appellant.

Border Bowman, of New York City (Charles E. Brock, of Cleveland, Ohio, of counsel), for appellees.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and DICKINSON, District Judge.

WOOLLEY, Circuit Judge.

Elden E. Cooley, the defendant below, was charged in the bill, and adjudged by the decree from which he has appealed, to have infringed all the claims of letters patent No. 1,262,860 and No. 1,263,138, issued on April 16, 1918, to the Buckeye Incubator Company, one of the plaintiffs, as assignee of the inventor, S. B. Smith, the other plaintiff, for an incubator and an incubator appliance. The validity of the claims of both patents was sustained...

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