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MOJONNIER BROS. CO. v. TOLAN MACHINERY CO.

No. 11681.

230 F.2d 850 (1956)

MOJONNIER BROS. CO., Inc., a Corporation, Appellant, v. TOLAN MACHINERY CO., Inc., a Corporation, Appellee.

United States Court of Appeals Third Circuit.

Decided February 2, 1956.

As Amended on Denial of Rehearing April 18, 1956.

Attorney(s) appearing for the Case

Frank J. Foley, Chicago, Ill., (Victor M. Langsett, Chicago, Ill., Robert W. Brady, Newark, N. J., on the brief), for appellant.

W. Lee Helms, New York City, for appellee.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

HASTIE, Circuit Judge.

The matter in dispute on this appeal is the validity of claims 5 through 12 of Mojonnier Patent No. 2,169,054 and all five claims of Mojonnier Patent No. 2,179,949. The District Court found all these claims invalid for lack of invention, reasoning that no more had been done than mechanically to devise a new apparatus by uniting old elements which functioned in combination essentially as they had separately. D.C.N.J.1955, 129...

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