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NORTHERN TRAILER CO. v. LA PLANT

No. 7722.

21 F.2d 686 (1927)

NORTHERN TRAILER CO. et al. v. LA PLANT et al.

Circuit Court of Appeals, Eighth Circuit.

September 16, 1927.

Attorney(s) appearing for the Case

George E. Middleton and W. B. Morton, both of New York City (Pennie, Davis, Marvin & Edmonds, of New York City, and Ralph Orwig, of Des Moines, Iowa, on the brief), for appellants.

John B. Macauley, of Chicago, Ill. (John M. Grimm, of Cedar Rapids, Iowa, on the brief), for appellees.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

MOLYNEAUX, District Judge.

The lower court held that appellants' device does not embody patentable invention, and that, upon the assumption of the validity of the claims of said patent, the evidence does not show the same to have been infringed by the appellees' structure.

In our view, as in that of the learned trial judge, appellants' patent No. 1,550,573, when considered in the light of the prior art, does not embody patentable invention.

Appellants...

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