G-H RIM CO. v. FIRESTONE STEEL PRODUCTS CO.

No. 4986.

29 F.2d 825 (1928)

G-H RIM CO. v. FIRESTONE STEEL PRODUCTS CO.

Circuit Court of Appeals, Sixth Circuit.

November 17, 1928.


Attorney(s) appearing for the Case

Drury W. Cooper, of New York City (Allan C. Bakewell, of New York City, and William B. Cockley, of Cleveland, Ohio, on the brief), for appellant.

Albert L. Ely, of Akron, Ohio, and F. O. Richey, of Cleveland, Ohio, for appellee.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.


DENISON, Circuit Judge.

Infringement suit upon reissue No. 15,533, dated January 30, 1923, granted originally to Atkins, for "Rim Structure." The District Court held the reissue invalid, and dismissed the bill.

The only question requiring consideration is whether the patentee, in his original application, so abandoned the broader aspect of his reissued patent as to make the reissue a forbidden recapture, and as to make clear that the original acceptance of...

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