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BUCKEYE INCUBATOR CO. v. BLUM

17 F.2d 456 (1927)

BUCKEYE INCUBATOR CO. et al. v. BLUM.

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

February 14, 1927.

Attorney(s) appearing for the Case

Hull, Brock & West, of Cleveland, Ohio, and Border Bowman, of New York City (Chas. E. Brock, of Cleveland, Ohio, of counsel), for plaintiffs.

Toulmin & Toulmin, of Dayton, Ohio, and G. O. Farquharson, of Cleveland, Ohio, for defendant.

WESTENHAVER, District Judge.

This suit again brings before me for consideration United States letters patent 1,262,860, issued April 16, 1918, to Samuel B. Smith. Infringement is charged of claims 1 and 2 only. Although invalidity is again urged, the defense mainly relied on is noninfringement. In Buckeye Incubator Co. v. Wolf (D. C.) 291 F. 253, this patent was fully examined, and all of its claims were held valid. Upon appeal the decree was affirmed. Wolf v. Buckeye...

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