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HERMAN NELSON CORPORATION v. AMERICAN BLOWER CORP.

No. 6940.

84 F.2d 171 (1936)

HERMAN NELSON CORPORATION v. AMERICAN BLOWER CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

June 2, 1936.

Attorney(s) appearing for the Case

George I. Haight and Samuel W. Banning, both of Chicago, Ill., for appellant.

H. A. Toulmin, Jr., of Dayton, Ohio, for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

The patent in suit, Shurtleff reissue No. 18,374, is for a heating and ventilating unit. It makes 34 claims, 20 of which were alleged in the bill to be infringed. The defenses were lack of invention, invalidity in view of the prior art and prior uses, and noninfringement. The lower court passed only on those of lack of invention and invalidity because of prior art and publications, sustaining both and dismissing the bill.

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