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DELTA MFG. CO. v. E. L. ESSLEY MACHINERY CO.

No. 8789.

153 F.2d 905 (1946)

DELTA MFG. CO. v. E. L. ESSLEY MACHINERY CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 3, 1946.

Attorney(s) appearing for the Case

John W. Michael and Gerrit D. Foster, both of Milwaukee, Wis., for appellant.

William A. Strauch and J. Matthews Neale, both of Washington, D. C., and Vernon A. Swanson and Miller, Mack & Fairchild, all of Milwaukee, Wis. (Strauch & Hoffman, of Washington, D. C., of counsel), for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

Plaintiff charged defendant with infringement of Claims 6, 7 and 8 of its United States Patent to Tautz, No. 2,069,395, issued February 2, 1937, on an application filed October 21, 1935. The answer denied infringement and alleged invalidity for lack of invention. The court gave a written opinion, found the facts specially, and rendered its conclusions of law thereon. By these it announced, found and concluded that each of the claims was valid...

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