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OSBORN MFG. CO. v. WM. H. NICHOLLS CO.

No. 8021.

109 F.2d 524 (1940)

OSBORN MFG. CO. v. WM. H. NICHOLLS CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1940.

Attorney(s) appearing for the Case

John F. Oberlin, of Cleveland, Ohio (Fay, Oberlin & Fay, John F. Oberlin, and Robert W. Wilson, all of Cleveland, Ohio, on the brief), for appellant.

Ernest F. Mechlin, of Washington, D.C. (Ernest F. Mechlin, Henry K. Muir, and Ritter, Mechlin & Muir, all of Washington, D. C., and Bulkley, Hauxhurst, Inglis & Sharp, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

This is an appeal from the decree of the District Court holding Claims 1, 3, 8, 11, 14, 15, 17, and 18 of Patent No. 1,545,817, issued to Dunbeck July 14, 1925, valid and infringed. Appellee is the assignee-owner of the patent, which relates to molding machines used for making molds of sand in which metals are cast. Appellant asserts the defenses of (1) anticipation, and (2) lack of invention.

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