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TROPIC-AIRE v. WILDERMUTH

No. 337.

64 F.2d 342 (1933)

TROPIC-AIRE, Inc., v. WILDERMUTH.

Circuit Court of Appeals, Second Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

Drury W. Cooper, C. Blake Townsend, and Thomas J. Byrne, all of New York City, for appellant.

Pennie, Davis, Marvin & Edmonds, of New York City (A. C. Paul, of Minneapolis, Minn., and Geo. I. Haight, M. K. Hobbs, and Ward Ross, all of Chicago, Ill., of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The title of the plaintiff to the patent in suit is unquestioned. Claims 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, and 13 are all relied upon. The original patent to Caesar was applied for February 7, 1927, was issued May 1, 1928, and given the number 1,668,490. The application for reissue was filed August 23, 1928, and was granted November 13, 1928. The first six claims of the patent in suit were in the original; the remainder are new.

The...

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