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ZENITHERM CO. v. ART MARBLE CO. OF AMERICA

No. 6305.

56 F.2d 39 (1932)

ZENITHERM CO., Inc., v. ART MARBLE CO. OF AMERICA et al.

Circuit Court of Appeals, Fifth Circuit.

February 18, 1932.

Attorney(s) appearing for the Case

Fred J. Bechert and George H. Mitchell, both of New York City, and F. Lewis Peyton, of Jackson, Miss., for appellant.

William H. Watkins, of Jackson, Miss., and Roland C. Rehm, of Chicago, Ill., for appellees.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

Zenitherm Company owns United States patent No. 1,183,694 granted to B. Sutter on May 16, 1916, and claims that the product X-ite made by Art Marble Company infringes claims 1 and 4 of it. From an adverse decree the Zenitherm Company appeals. We think claims 1 and 4 taken at their face are too broad and merely embrace the prior art; if limited to the present process and product of the Zenitherm Company there is insufficient disclosure, and also...

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