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WESTINGHOUSE ELECTRIC & MFG. CO. v. ROCK ISLAND MFG. CO.

No. 3828.

22 F.2d 744 (1927)

WESTINGHOUSE ELECTRIC & MFG. CO. v. ROCK ISLAND MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

December 3, 1927.

Attorney(s) appearing for the Case

Victor S. Beam, of New York City, and Wesley G. Carr, of Pittsburgh, Pa., for appellant.

Clarence J. Mehlhope, of Chicago, Ill., for appellee.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

ALSCHULER, Circuit Judge.

The patent in issue is No. 1,105,230 to Wiltsie, July 28, 1914, for an improvement in toasters. Its validity is conceded. The District Court found noninfringement. Claims 1, 2, and 3 were sued upon. Typical claim 2 is:

"In a toaster, the combination of an upwardly extending heat producing element, and means for supporting the material to be toasted adjacent to the element comprising a swinging reversing carrier moving from and toward...

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