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RADIATOR SPECIALTY CO. v. BUHOT

No. 4215.

39 F.2d 373 (1930)

RADIATOR SPECIALTY CO. v. BUHOT.

Circuit Court of Appeals, Third Circuit.

February 27, 1930.

Attorney(s) appearing for the Case

E. Hayward Fairbanks, of Philadelphia, Pa. (Paul B. Eaton, of Charlotte, N. C., and John Q. Frey, of Newark, N. J., of counsel), for appellant.

Paul H. Wendel, of Trenton, N. J., for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and MORRIS, District Judge.

WOOLLEY, Circuit Judge.

The plaintiff sued for infringement of Letters Patent No. 1,613,055, issued to him on January 4, 1927. Only the first claim was in suit. The single issue was validity of the patent, the defendant admitting that, if valid, he infringed. The learned trial court found the patent invalid for want of invention in view of the art and dismissed the bill. The case is here on the plaintiff's appeal.

The invention, as disclosed by the claim,...

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