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MILLS NOVELTY CO. v. MONARCH TOOL & MFG. CO.

No. 5642.

49 F.2d 28 (1931)

MILLS NOVELTY CO. v. MONARCH TOOL & MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

April 20, 1931.

Attorney(s) appearing for the Case

Carl S. Lloyd, of Chicago, Ill. (Arthur H. Stuart, of Chicago, Ill., William R. Wood and Edmund P. Wood, both of Cincinnati, Ohio, Kirkland, Fleming, Green & Martin, of Chicago, Ill., and Wood & Wood, of Cincinnati, Ohio, on the brief), for appellant.

Walter Murray, of Cincinnati, Ohio (Murray & Zugelter, of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

DENISON, Circuit Judge.

Infringement suit upon two patents for coin controlled mechanically played instrument, one issued September 19, 1916, on application filed July 10, 1909, No. 1,198,860, to Lesley and Enz (hereafter called Enz) and one issued September 19, 1916, on application filed December 16, 1910, No. 1,198,861, to Lesley and Schoen (hereafter called Schoen).

The District Court's opinion held that Enz was invalid for lack of invention; that Schoen...

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