MALL TOOL CO. v. QUAKER VIBRATORS

No. 9933.

30 F.Supp. 841 (1939)

MALL TOOL CO. v. QUAKER VIBRATORS, Inc., et al.

District Court, E. D. Pennsylvania.

November 18, 1939.


Attorney(s) appearing for the Case

James C. Wobensmith and Zachary T. Wobensmith, 2nd, both of Philadelphia, Pa, and Harry H Hitzeman, of Chicago, Ill., for plaintiff.

Swartz, Campbell & Henry and Ward C. Henry, all of Philadelphia, Pa., and Bair & Freeman, and W. P. Bair, and Will Freeman, all of Chicago, Ill., for defendants.


KIRKPATRICK, District Judge.

The plaintiff's argument to the effect that claims 5 and 6 (originally 32 and 33) were intended by the applicant to continue the broad concept embodied in claim 8 for internal vibration generally, and that the element "progressively moving the said vibrating body in the material" was inserted for the sole purpose of distinguishing the claim from Atterbury (which the patentee apparently assumed...

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