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GAIRING TOOL CO. v. ECLIPSE INTERCHANGEABLE COUNTERBORE CO.

Nos. 5530, 5531.

48 F.2d 73 (1930)

GAIRING TOOL CO. v. ECLIPSE INTERCHANGEABLE COUNTERBORE CO.

Circuit Court of Appeals, Sixth Circuit.

On Petition for Rehearing April 7, 1931.

Attorney(s) appearing for the Case

F. D. Hardesty, of Detroit, Mich., for appellant Gairing Tool Co.

S. C. Barnes, of Detroit, Mich., for appellee Eclipse Co.

Before DENISON and HICKENLOOPER, Circuit Judges, and WEST, District Judge.

HICKENLOOPER, Circuit Judge.

The appellee complained in the court below of the infringement of its patent re-issue No. 16,817, issued December 13, 1927, upon application of John Hugo Smith, for a reaming and counterboring tool. All nine claims of the patent were in issue. Claims 1 and 4 may be taken as typical of the two classes covered, and are printed in the margin.1 It will be noted that they differ only in that claim 4 (with which...

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