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BRUNSWICK-BALKE-COLLENDER CO. v. SEAMLESS RUBBER CO.

No. 1917.

27 F.2d 925 (1928)

BRUNSWICK-BALKE-COLLENDER CO. v. SEAMLESS RUBBER CO., Inc.

District Court, D. Connecticut.

August 1, 1928.

Attorney(s) appearing for the Case

William H. Davis and Merton W. Sage, both of New York City, and Henry F. Parmelee, of New Haven, Conn., for plaintiff.

Ambrose L. O'Shea and William A. Redding, both of New York City, and Arthur L. Shipman, of Hartford, Conn., for defendant.

THOMAS, District Judge.

This suit in equity is based on an alleged infringement of the only claim in patent No. 1,273,703, issued July 23, 1918, to the plaintiff, on an assignment from Michael J. Whelan, the inventor. The application was filed January 5, 1914.

The defendant's answer is in the usual form, and the defenses relied upon are: (1) The claim is invalid, because (a) it is anticipated by the prior art; and (b) it does not amount to invention, but calls...

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