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HUDSON MOTOR CAR CO. v. AMERICAN PLUG CO.

No. 5199.

41 F.2d 672 (1930)

HUDSON MOTOR CAR CO. v. AMERICAN PLUG CO. et al.

Circuit Court of Appeals, Sixth Circuit.

June 13, 1930.

Attorney(s) appearing for the Case

Charles Neave, of New York City (William G. McKnight, of New York City, George P. Dike, of Boston, Mass., Beaumont, Smith & Harris, of Detroit, Mich., and MacLeod, Calver, Copeland & Dike, of Boston, Mass., on the brief), for appellant.

Edward N. Pagelsen, of Panama City, Fla. (John B. Macauley, of Chicago, Ill., and Campbell, Bulkley & Ledyard and Harry C. Bulkley, all of Detroit, Mich., on the brief), for appellees.

Before DENISON, MOORMAN, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

Infringement suit based on patent 1,058,210, to Welch, for process for closing holes in castings. In order to avoid anticipation and to rest upon what is now seen to be the inventive step, if any there is, in the process, the claims must be limited to a more specific form than the language seems to indicate. The patentee attempts to do this, both by construction and by the effect of a disclaimer. The validity of the disclaimer is the question...

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