WESTCO-CHIPPEWA PUMP CO. v. AUTO-PRIME PUMP CO.

No. 3455.

57 F.2d 556 (1931)

WESTCO-CHIPPEWA PUMP CO. v. AUTO-PRIME PUMP CO.

District Court, N. D. Ohio, E. D.

April 4, 1931.


Attorney(s) appearing for the Case

Evans & McCoy, of Cleveland, Ohio (George F. Scull, of New York City, of counsel), for plaintiff.

Fay, Oberlin & Fay, of Cleveland, Ohio, for defendant.


WEST, District Judge.

On May 29, 1917, patent 1,228,267, relating to rotary pumps, was issued to Adolph Wahle with eight claims. On May 19, 1925, there was a reissue to the same patentee by which four claims were added and some insignificant alterations in the specifications. This suit is for the infringement of claims 3 and 6 of the reissue patent, 16,074. The defenses are invalidity and noninfringement.

The device which the plaintiff makes and sells under...

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