HAMILTON MFG. CO. v. ILLINOIS SURGICAL SUPPLY CO.

No. 10435.

193 F.2d 938 (1952)

HAMILTON MFG. CO. v. ILLINOIS SURGICAL SUPPLY CO.

United States Court of Appeals Seventh Circuit.

January 28, 1952.


Attorney(s) appearing for the Case

A. Trevor Jones, Howard H. Darbo, Jones, Tesch & Darbo, Chicago, Ill., for appellant.

John B. Stephan, Chicago, Ill., Bernard F. Garvey, Washington, D.C., for appellee.

Before MAJOR, Chief Judge, and DUFFY and FINNEGAN, Circuit Judges.


MAJOR, Chief Judge.

This appeal is from a judgment entered February 21, 1951, adjudging invalid claims 2 and 4 of United States Letters Patent No. 2,267,973, issued to Andrew Demcak December 30, 1941, on an examining table for the use of physicians and surgeons.

The action was commenced by plaintiff as owner of the patent by assignment from Demcak and charged infringement by the defendant, Illinois Surgical Supply Company. This defendant admitted sale of the...

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