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ENGINEERING DEVELOP. LAB. v. RADIO CORP. OF AMERICA

No. 159.

153 F.2d 523 (1946)

ENGINEERING DEVELOPMENT LABORATORIES v. RADIO CORPORATION OF AMERICA.

Circuit Court of Appeals, Second Circuit.

February 4, 1946.

Attorney(s) appearing for the Case

Samuel Ostrolenk, of New York City (Sidney G. Faber, of New York City, of counsel), for appellant.

Stephen H. Philbin, of New York City, for appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment, summarily dismissing its complaint for the infringement of a patent issued to one, Cisin, for an "Amplifying Circuit." The only question is whether the claims in suit are invalid because they were introduced into the application more than two years after the subject-matter which they cover had been publicly sold. The disclosure is of an electric circuit which will increase the volume of the electrical...

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