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JAMES P. MARSH CORP. v. UNITED STATES GAUGE CO.

No. 7787.

129 F.2d 161 (1942)

JAMES P. MARSH CORPORATION v. UNITED STATES GAUGE CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 14, 1942.

Attorney(s) appearing for the Case

James A. Hoffman and Strauch & Hoffman, all of Washington, D. C., and Lester B. Mann and Mann, Brown & Cox, all of Chicago, Ill., for appellant.

Geo. W. Hansen and M. Hudson Rathburn, both of Chicago, Ill. (Thiess, Olson & Mecklenburger, of Chicago, Ill., of counsel), for appellee.

Before EVANS, MAJOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

This appeal is from a decree which enjoined the defendant from infringing patent No. 2,170,561, covering a "Combined Bourdon Tube and Trap," which is a mechanism for operating the indicator of a steam pressure gauge. Defendant denies infringement. It also assails the validity of the patent, because of (a) an estoppel arising out of the Patent Office action and plaintiff's acquiescence therein and defendant's reliance on plaintiff's acquiescence...

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