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SEYMOUR v. FORD MOTOR CO.

No. 5559.

44 F.2d 306 (1930)

SEYMOUR v. FORD MOTOR CO.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1930.

Attorney(s) appearing for the Case

Joseph H. Milans, of Washington, D. C. (William J. Belknap, Clarence B. Zewadski, and Whittemore, Hulbert, Whittemore & Belknap, all of Detroit, Mich., on the brief), for appellant.

F. L. Chappell, of Kalamazoo, Mich. (Charles R. Halbert, of Detroit, Mich., I. Joseph Farley, of New York City, and Longley & Middleton, of Detroit, Mich., on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

Appellant brought his action in the District Court for infringement of patent No. 1,277,652, for a gearing, issued September 3, 1918, to Seymour, upon division of a prior application filed September 9, 1913. The court below dismissed the bill of complaint "for want of equity," after rendering an opinion to the effect that the patent in suit involved only variation in degree from the prior art, that the disclosures had not advanced the...

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