B. F. STURTEVANT CO. v. MASSACHUSETTS HAIR & FELT CO.

Nos. 3644, 3645.

124 F.2d 95 (1941)

B. F. STURTEVANT CO. v. MASSACHUSETTS HAIR & FELT CO. MASSACHUSETTS HAIR & FELT CO. v. B. F. STURTEVANT CO.

Circuit Court of Appeals, First Circuit.

As Amended December 15, 1941.


Attorney(s) appearing for the Case

Harry Dexter Peck, of Providence, R. I., and Melvin R. Jenney, of Boston, Mass., for B. F. Sturtevant Co.

Ralph L. Chappell, of Kalamazoo, Mich., Robert J. Keating and Roberts, Cushman & Woodberry, all of Boston, Mass., and Earl & Chappell, of Kalamazoo, Mich., for Mass. Hair & Felt Co.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.


WOODBURY, Circuit Judge.

On petition for rehearing the defendant contends that we fell into plain error in eight respects. In its brief in support of this motion it states its first contention as follows: "Claim 2 of the first Hagen patent is invalid because although Hagen's invention resided mainly in the design and arrangement of the vanes, he nevertheless claimed the old combination of a constant speed motor, a fan and vanes for controlling fan output." In support...

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