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STEWART-WARNER CORPORATION v. JIFFY LUBRICATOR CO.

No. 10332.

81 F.2d 786 (1936)

STEWART-WARNER CORPORATION v. JIFFY LUBRICATOR CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 14, 1936.

Attorney(s) appearing for the Case

Lynn A. Williams, of Chicago, Ill. (Nilles, Oehlert & Nilles, of Fargo, N. D., and Williams, Bradbury, McCaleb & Hinkle, of Chicago, Ill., on the brief), for appellant.

William C. Green, of St. Paul, Minn. (Edgerton, Green & Edgerton, of St. Paul, Minn., on the brief), for appellee.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

WOODROUGH, Circuit Judge.

In a suit limited on the trial to alleged infringement of claim 1 of patent No. 1,593,791, filed February 19, 1923, and issued July 27, 1926, to Clyde G. Butler, the trial court held that the claim 1 of the patent was valid if limited to the precise form shown in the patent specifications and drawing (Fig. 2) or their clear mechanical equivalents, and not otherwise, and that unless it was so limited it would be invalid for lack of novelty...

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