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BROWN & BIGELOW v. LOUIS F. DOW CO.

No. 8850.

42 F.2d 785 (1930)

BROWN & BIGELOW v. LOUIS F. DOW CO.

Circuit Court of Appeals, Eighth Circuit.

August 9, 1930.

Attorney(s) appearing for the Case

Frank A. Whiteley, of Minneapolis, Minn. (Howard L. Fischer, of St. Paul, Minn., on the brief), for appellant.

H. S. Johnson, of St. Paul, Minn., for appellee.

Before KENYON, BOOTH, and GARDNER, Circuit Judges.

BOOTH, Circuit Judge.

This is a patent suit in the usual form, seeking an injunction and an accounting. The claims involved are 2, 3, 4, 5, and 6 of reissue Patent No. 16,253, issued to Fischer and Kristofek January 12, 1926. Claim 2 is the same as claim 2 of the original patent No. 1,375,579, April 19, 1921. Claims 3 to 6, inclusive, are claims added in reissue. The invention covered by the patent relates to that class of lead pencils sometimes known as automatic...

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