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CLAUDE NEON LIGHTS v. PHOTION INSTRUMENT CORPORATION

32 F.2d 1008 (1929)

CLAUDE NEON LIGHTS, Inc., v. PHOTION INSTRUMENT CORPORATION et al.

District Court, S. D. New York.

June 3, 1929.

Attorney(s) appearing for the Case

William Bohleber, of New York City (Edwin J. Prindle, Thomas Ewing, and William Bohleber, all of New York City, of counsel), for plaintiff.

Howard F. R. Mulligan, of New York City (M. Theodore Simmons and Howard F. R. Mulligan, both of New York City, of counsel), for defendant.

THACHER, District Judge.

The question of infringement depends solely upon whether the electrodes in defendant's luminescent Neon tubes are deprived of their occluded gases during the process of manufacture pursued by the defendant, which includes the aging of the tube prior to delivery for commercial use. Accepting, as indeed one must for the purposes of such a motion as this, the statements contained in the opposing affidavits which describe the defendant's process...

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