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GRISCOM-RUSSELL CO. v. WESTINGHOUSE ELEC. & MFG. CO.

No. 7501.

121 F.2d 680 (1941)

GRISCOM-RUSSELL CO. v. WESTINGHOUSE ELECTRIC & MFG. CO.

Circuit Court of Appeals, Third Circuit.

June 19, 1941.

Attorney(s) appearing for the Case

W. Brown Morton, of New York City (Wm. Steell Jackson & Son, of Philadelphia, Pa., and W. B. Morton, Jr., of New York City, on the brief), for appellant.

Drury W. Cooper, Sr., of New York City (Synnestvedt & Lechner, of Philadelphia, Pa., Victor S. Beam, of New York City, A. B. Reavis, of Lester, Pa., and Drury W. Cooper, Jr., of New York City, on the brief), for appellee.

Before MARIS, CLARK, and JONES, Circuit Judges.

JONES, Circuit Judge.

The plaintiff sued to restrain the alleged infringement of United States Patent No. 1,955,015 issued to one Price and whereof the plaintiff is the assignee. The District Court, finding want of invention, entered judgment dismissing the complaint and awarding costs to the defendant. The question on this appeal, therefore, is whether the patent discloses invention.

Only claim 1 of the patent is in suit,1 and...

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