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SERVICE STATION EQUIPMENT CO. v. AIR SCALE CO.

No. 7428.

100 F.2d 498 (1938)

SERVICE STATION EQUIPMENT CO. v. AIR SCALE CO.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1938.

Attorney(s) appearing for the Case

Frank E. Paige, of Philadelphia, Pa. (Owen & Owen, of Toledo, Ohio, Paige & Paige, Frank E. Paige, and Arthur E. Paige, all of Philadelphia, Pa., and Wilbur Owen and Scott H. Lilly, both of Toledo, Ohio, on the brief), for appellant.

Wm. O. Ballard, of Toledo, Ohio (Wm. O. Ballard, of Toledo, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and WEST, District Judge.

HICKS, Circuit Judge.

Suit by appellant, assignee, against The Air Scale Company, appellee, for infringement of Reissue Patent No. 19,148, issued April 24, 1934, to Woodford. The defenses were: That the patent was inoperative; that it did not represent invention; that Woodford had conceded priority to another; and non-infringement.

The District Court dismissed the bill, holding: (1) That the reissue was invalid because the affidavit upon which the application...

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