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L. WEINBERG BAKING CO. v. LOCKWOOD MFG. CO.

No. 8046.

109 F.2d 782 (1940)

L. WEINBERG BAKING CO. v. LOCKWOOD MFG. CO.

Circuit Court of Appeals, Sixth Circuit.

February 6, 1940.

Attorney(s) appearing for the Case

E. C. Gritzbaugh, of Chicago, Ill. (Allen & Allen, of Cincinnati, Ohio, and Arthur W. Carlson and Max W. Zabel, both of Chicago, Ill., on the brief), for appellant.

Walter F. Murray, of Cincinnati, Ohio (Murray, Sackhoff & Paddack and Walter F. Murray, all of Cincinnati, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

The sole issue presented in this appeal is whether Claim 1 of Patent No. 1,443,095, issued to Schultz on January 23, 1923, and now owned by appellee, is valid. The District Court held the claim valid and infringed. Other claims of Schultz and the Goodfriend Patent, No. 1,336,292, sued upon below, were held not infringed, and are not involved herein. Appellant concedes infringement if Claim 1 is valid.

The patent is for a multiple baking...

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