ECLIPSE INTERCHANGEABLE COUNTERBORE CO. v. GAIRING TOOL CO.

No. 2449.

33 F.2d 942 (1929)

ECLIPSE INTERCHANGEABLE COUNTERBORE CO. v. GAIRING TOOL CO.

District Court, E. D. Michigan, S. D.

April 18, 1929.


Attorney(s) appearing for the Case

Stuart C. Barnes, of Detroit, Mich., for plaintiff.

Francis D. Hardesty, of Detroit, Mich., for defendant.


TUTTLE, District Judge.

This suit involves reissue patent No. 16,817 issued December 13, 1927, on an application of J. H. Smith; the original application was filed September 20, 1920. No question is here raised as to the propriety of the reissue, and it is therefore held that the reissue is a valid one if the claims state subject-matter patentable over the prior art. No question of infringement is involved, and the case turns solely on the validity of the claims of...

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