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SMITH ENGINEERING WORKS v. NORDBERG MFG. CO.

No. 4964.

68 F.2d 492 (1934)

SMITH ENGINEERING WORKS v. NORDBERG MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

January 9, 1934.

Attorney(s) appearing for the Case

Arthur L. Morsell, Curtis B. Morsell, William H. Lieber, and Arthur L. Morsell, Jr., all of Milwaukee, Wis., for appellant.

Edwin S. Mack and Leon F. Foley, both of Milwaukee, Wis., and Donald M. Carter and Norman S. Parker, both of Chicago, Ill., for appellee.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.

EVANS, Circuit Judge.

The two patents, the validity and infringement of which are challenged on this appeal, deal with a "gyratory cone crusher" and a "process of crushing hard materials." Both the machine and the process patent were issued on the same day to the same party, Edgar B. Symons. Claim 2 of the product patent and claim 8 of the process patent, both typical, are set forth in the margin.1

Crushers of the type described...

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