BINGHAM PUMP CO. v. EDWARDS

No. 9485.

118 F.2d 338 (1941)

BINGHAM PUMP CO., Inc., v. EDWARDS.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 13, 1941.


Attorney(s) appearing for the Case

Maguire, Shields & Morrison, Robert F. Maguire, and Donald K. Grant, all of Portland, Or., for appellant.

John F. McCarthy, of Kelso, Wash., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.


HANEY, Circuit Judge.

Appellee brought this suit against appellant for a decree adjudicating that his patent, No. 1,927,395 issued September 19, 1933, on his application filed November 13, 1931, was valid and infringed by appellant, and for an accounting. Appellant denied the validity of the patent and alleged a number of affirmative defenses.

The specification of the patent in issue which relates to rotary pumps, states that the "primary object of the present...

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