MORTON, District Judge.
This is an action at law for infringement of an expired patent. The patent sued on was granted to Gertrude Thorpe under date of October 8, 1912, on an application filed November 27, 1911. The defendant is manufacturing under a patent granted to Tim under date of May 13, 1913, on an application filed November 24, 1911.
The defenses are noninfringement, anticipation by Tim, and failure to mark the patented article, so that under Rev....
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