ATWELL, Chief Judge.
Plaintiff declares upon patent No. 2118796, issued to Kelvin T. Orrison, in 1938, for a process in the making of ice units. The defendants make, sell and operate machines for making ice particles for sale in packages.
The testimony discloses that patentee Orrison, from the patent file introduced in evidence, had sought a patent in 1932 but had not succeeded in securing the patent. That application was abandoned and his new application...
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