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PEERLESS MFG. CO. v. CHATTANOOGA FOUNDRY & ROOFING CO.

No. 4919.

26 F.2d 667 (1928)

PEERLESS MFG. CO. v. CHATTANOOGA FOUNDRY & ROOFING CO.

Circuit Court of Appeals, Sixth Circuit.

June 20, 1928.

Attorney(s) appearing for the Case

Charles E. Brock, of Cleveland, Ohio, for appellant.

Edward Finlay, of Chattanooga, Tenn. (Frank Spurlock, of Chattanooga, Tenn., on the brief), for appellee.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

Suit for infringement of the Fitch patent, No. 1,011,598, for a fireplace damper, issued September 12, 1911. Claims 1 and 4 are involved. They are alike in the elements called for, the difference being that claim 4 is specifically limited in its operating means. Claim 1 calls for "a fireplace damper, having a body adapted to be set in the masonry of a fireplace and provided with a pocket extension at...

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