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WAGENHORST v. HYDRAULIC STEEL CO.

No. 4804.

27 F.2d 27 (1928)

WAGENHORST v. HYDRAULIC STEEL CO. et al.

Circuit Court of Appeals, Sixth Circuit.

June 20, 1928.

Attorney(s) appearing for the Case

C. B. Des Jardins and Melville Church, both of Washington, D. C., for appellant.

John F. Oberlin, of Cleveland, Ohio (Baker, Hostetler & Sidlo, Fay, Oberlin & Fay, and Jos. C. Hostetler, all of Cleveland, Ohio, on the brief), for appellees.

Before DENISON and MOORMAN, Circuit Judges, and HICKS, District Judge.

DENISON, Circuit Judge.

Infringement suit on the Wagenhorst patent, No. 1,509,382, issued September 23, 1924, upon a demountable rim for automobile wheels. The patent was based upon a divisional application, filed December 21, 1923, in the course of prosecuting an original application, filed April 2, 1921. The District Court dismissed the bill because he thought the patent invalid, both for lack of invention and because of delay in filing the divisional application...

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