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VALJEAN v. PERFECTION STOVE CO.

No. 7761.

103 F.2d 60 (1939)

VALJEAN et al. v. PERFECTION STOVE CO.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1939.

Attorney(s) appearing for the Case

Franklin M. Warden, of Chicago, Ill., and Carroll R. Taber, of Lansing, Mich. (Franklin M. Warden, of Chicago, Ill., and Carroll R. Taber, of Lansing, Mich., on the brief), for appellants.

George I. Haight, of Chicago, Ill., and John B. Hull, of Cleveland, Ohio (George I. Haight, of Chicago, Ill., and John B. Hull and Hull, Brock & West, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

By emphasis in briefs and argument, and by adjudications below and elsewhere, the controversy in the present patent infringement suit appears to be essentially one in respect to infringement, with decision controlled by the breadth of construction which in the light of the prior art and the history of the patent should be given to the patent claims.

The patent is No. 1,512,869, for a combustion apparatus issued to Valjean, October 21...

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