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REPUBLIC METALWARE CO. v. WEED & CO.

48 F.2d 360 (1930)

REPUBLIC METALWARE CO., Inc., v. WEED & CO., Inc.

District Court, W. D. New York.

August 15, 1930.

Attorney(s) appearing for the Case

J. William Ellis, of Buffalo, N. Y., for plaintiff.

Parker & Prochnow, of Buffalo, N. Y. (Charles W. Parker, of Buffalo, N. Y., of counsel), and Wilkinson, Huxley, Byron & Knight, of Chicago, Ill. (Henry M. Huxley, of Chicago, Ill., of counsel), for defendant.

HAZEL, District Judge.

In this action it is alleged that the Gustav C. Ullrich patent, No. 1,699,459, for sprinkling can, dated January 15, 1929, is infringed by the can manufactured and sold by defendant, which is adapted for like purposes.

The defenses are noninfringement, invalidity, and aggregation of known elements and nonco-operative functions.

Plaintiff's sprinkling container has a dual function, i. e., the spraying of garden shrubbery by means...

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