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HELBUSH v. FINKLE

No. 11761.

170 F.2d 41 (1948)

HELBUSH et al. v. FINKLE et al.

United States Court of Appeals Ninth Circuit.

October 7, 1948.

Attorney(s) appearing for the Case

Mason & Graham, Collins Mason and William R. Graham, all of Los Angeles, Cal., for appellants.

Lyon & Lyon and Frederick W. Lyon, all of Los Angeles, Cal., for appellees.

Harris, Kiech, Foster & Harris, Ward D. Foster and Warren L. Kern, all of Los Angeles, Cal., amicis curiae.

Before GARRECHT, MATHEWS and ORR, Circuit Judges.

MATHEWS, Circuit Judge.

In an action by appellants (Herman H. Helbush and Monogram Manufacturing Company) against appellees (Donald H. Finkle and Wedgelock Company), appellees were charged with infringing claims 1 and 2 of patent No. 2,364,408 and claim 11 of patent No. 2,365,787, of which patents Helbush was the owner and Monogram Manufacturing Company was a licensee. Defenses pleaded by appellees were that the claims were invalid for lack of novelty and lack of...

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