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BERNITZ FURNACE APPLIANCE CO. v. WILSON

No. 5642.

79 F.2d 442 (1935)

BERNITZ FURNACE APPLIANCE CO. v. WILSON.

Circuit Court of Appeals, Third Circuit.

Opinion Amended and Rehearing Denied September 25, 1935.

Attorney(s) appearing for the Case

Evans, Bayard & Frick, of Philadelphia, Pa. (Harrison F. Lyman, H. L. Kirkpatrick, and Fish, Richardson & Neave, all of Boston, Mass., of counsel), for appellant.

Louis Necho, of Philadelphia, Pa., for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and FAKE, District Judge.

BUFFINGTON, Circuit Judge.

In the court below Bernitz Furnace Appliance Company charged Dillon B. Wilson with infringing patent No. 1,393,606 issued October 11, 1921, to Ernest Bernitz for furnace walls. The bill also charged infringement of patent No. 1,627,349 issued May 3, 1927, to Benjamin H. Snow. On final hearing, that court held both patents invalid, whereupon plaintiff, the owner of both patents, took this appeal. After hearing, we are of opinion the court...

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