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BORST v. SIMPLEX EJECTOR & AERATOR CORPORATION

No. 682.

60 F.2d 659 (1932)

BORST v. SIMPLEX EJECTOR & AERATOR CORPORATION.

District Court, D. Delaware.

August 10, 1932.

Attorney(s) appearing for the Case

John F. Neary and Merton W. Sage (of Pennie, Davis, Marvin & Edmonds), both of New York City, for plaintiff.

William G. Mahaffy, of Wilmington, Del., and Charles W. Hills, Alexander C. Mabee, and Benjamin H. Sherman, all of Chicago, Ill., for defendant.

NIELDS, District Judge.

This is the usual bill in equity charging Simplex Ejector & Aerator Corporation with infringement of United States letters patent No. 1,396,397 granted to Warren R. Borst, the plaintiff, on November 8, 1921. The invention is alleged by the patentee to be for certain new and useful improvements in sewage treatment. The answer denies infringement, and challenges the validity of the patent.

Claims 1 to 7 are in suit. Claim 1 is typical...

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