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POWDER POWER TOOL CORP. v. POWDER ACTUATED TOOL CO.

No. 11412.

230 F.2d 409 (1956)

POWDER POWER TOOL CORPORATION, Plaintiff-Appellee, v. POWDER ACTUATED TOOL COMPANY, Inc., and Frank J. Klunk, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

January 17, 1956.

Attorney(s) appearing for the Case

Warren C. Horton, James A. Davis, Chicago, Ill., for appellants.

James P. Hume, Chicago, Ill., Harper Allen, Los Gatos, Cal., Wm. Marshall Lee, Chicago, Ill., for appellee.

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

DUFFY, Chief Judge.

Defendants are charged with infringement of U. S. Patent No. 2,637,241 issued on May 5, 1953, to C. R. Webber, et al., covering "stud for explosive installations." The complaint also alleged unfair competition. Defendants denied any unfair competition and insisted the trial court had no jurisdiction as to that portion of plaintiff's asserted claim. Defendants alleged nonvalidity of the patent because of anticipation and lack of novelty or invention...

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