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ELLIOTT CO. v. H. S. B. W. COCHRANE CORPORATION

No. 3976.

35 F.2d 169 (1929)

ELLIOTT CO. v. H. S. B. W. COCHRANE CORPORATION.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 17, 1929.

Attorney(s) appearing for the Case

Byrnes, Stebbins & Parmelee, of Pittsburgh, Pa. (Clarence P. Byrnes and Earle L. Parmelee, both of Pittsburgh Pa., of counsel), for appellant.

Michael A. Foley, of Philadelphia, Pa. (Thomas G. Haight, of Jersey City, N. J., and John E. Hubbell and W. Brown Morton, both of New York City, of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The bill charged the defendant with infringing two original and one re-issued United States Letters Patent granted to W. S. Elliott for apparatus and method to deaerate water. From the decree dismissing its bill the plaintiff appealed.

The court found claims of Letters Patent No. 1,457,153 for apparatus and claims of Letters Patent No. 1,497,491 for improvement in method not infringed. The Re-Issue Patent No. 15,866 is a re-issue of...

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