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SUPERIOR SEPARATOR CO. v. OTTAWA STEEL PRODUCTS

No. 3800.

174 F.2d 483 (1949)

SUPERIOR SEPARATOR CO. et al. v. OTTAWA STEEL PRODUCTS, Inc.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 10, 1949.

Attorney(s) appearing for the Case

Andrew E. Carlsen, Minneapolis, Minn. (Thomas E. Scofield, Kansas City, Mo., on the brief), for appellants.

Claude A. Fishburn, Kansas City, Mo. (M. F. Cosgrove, Topeka, Kan., and Charles W. Gerard, Kansas City, Mo., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Chief Judge.

This is a patent infringement suit brought by Schwan, sole owner of the patent, and Superior Separator Company, his exclusive licensee, against Ottawa Steel Products, Inc.,1 which manufactures and sells the accused machine.

The patent in suit, No. 2,295,917, was applied for July 19, 1940, and issued September 15, 1942. The claims of the patent in suit are 2 and 12. They were originally

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