GENERAL MACHINERY CORP. v. CLEARING MACH. CORP.

No. 6330.

99 F.2d 20 (1938)

GENERAL MACHINERY CORPORATION v. CLEARING MACH. CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

September 28, 1938.


Attorney(s) appearing for the Case

Greer Marechal, of Dayton, Ohio (Harry W. Lindsey, Jr., of Chicago, Ill., of counsel), for appellant.

J. H. Jochum, Jr., and Henry M. Huxley, both of Chicago, Ill., for appellee.

Before EVANS and TREANOR, Circuit Judges, and LINDLEY, District Judge.


TREANOR, Circuit Judge.

Appellant is plaintiff below and is the owner of the Byerlein patent in suit, No. 1,827,558, issued October 13, 1931. The plaintiff's bill of complaint charged infringement of the Byerlein patent and for its charged infringement relies upon claims 7, 9, 18, 19, and 21 of the patent. The defenses were the invalidity of the claims and non-infringement of Claim 21, defendant admitting infringement of Claims 7, 9, 18 and 19.

The District...

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