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GILMORE v. SMITH

No. 1649.

98 F.2d 874 (1938)

GILMORE et al. v. SMITH.

Circuit Court of Appeals, Tenth Circuit.

September 8, 1938.

Attorney(s) appearing for the Case

Arthur C. Brown, of Kansas City, Mo. (Robert D. Garver, of Kansas City, Mo., and H. A. Russell, of Topeka, Kan., on the brief), for appellant.

Lester B. Clark, of Houston, Tex. (Jesse R. Stone, of Houston, Tex., Robert E. Russell and Doran, Kline, Cosgrove, Jeffrey & Russell, all of Topeka, Kan., and Andrews, Kelley, Kurth & Campbell, of Houston, Tex., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This is an appeal from a decree in an action in conventional form for alleged infringement of patent No. 2,008,934, issued to plaintiff in July, 1935. The defenses were invalidity and noninfringement. Claims 1, 2, 11 and 13 were in issue. The court determined that they were valid and infringed. Defendants appealed.

The patent relates to means for detecting leaks in pipe lines, and the apparatus is called a soundograph. Claims 1 and...

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