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FOAMITE-CHILDS CORPORATION v. PYRENE MFG. CO.

No. 544.

21 F.2d 854 (1927)

FOAMITE-CHILDS CORPORATION v. PYRENE MFG. CO.

District Court, D. Delaware.

October 6, 1927.

Attorney(s) appearing for the Case

Oscar W. Jeffery and Harry G. Kimball (of Jeffery, Kimball & Eggleston), both of New York City, and Francis De H. Janvier, of Wilmington, Del., for plaintiff.

Charles Neave and Maxwell Barus (of Fish, Richardson & Neave), both of New York City, and William G. Mahaffy, of Wilmington, Del., for defendant.

MORRIS, District Judge.

Claims 1, 3 and 6 of patent No. 858,188, to Laurent, for a hand fire-extinguishing apparatus, now owned by the plaintiff, Foamite-Childs Corporation, are here in issue. The defendant, Pyrene Manufacturing Company, is charged with infringing these claims. The chief defense is noninfringement, the soundness of which turns upon the scope of the claims to be arrived at by interpretation.

The first claim calls for "a fire-extinguishing apparatus...

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