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EMERSON v. NATIONAL CYLINDER GAS COMPANY

Nos. 5233-5235.

251 F.2d 152 (1958)

John H. EMERSON et al., Plaintiffs, Appellants, v. NATIONAL CYLINDER GAS COMPANY et al., Defendants, Appellees. NATIONAL CYLINDER GAS COMPANY et al., Defendants, Appellants, v. John H. EMERSON et al., Plaintiffs, Appellees. NATIONAL CYLINDER GAS COMPANY, Defendant, Appellant, v. John H. EMERSON et al., Plaintiffs, Appellees.

United States Court of Appeals First Circuit.

January 15, 1958.

Attorney(s) appearing for the Case

Robert L. Thompson, Boston, Mass., with whom Sewall P. Bronstein and Dike, Thompson, Sanborn & Bronstein, Boston, Mass., were on brief, for John H. Emerson et al.

M. Hudson Rathburn, Chicago, Ill., with whom Herbert P. Kenway, Kenway, Jenney, Witter & Hildreth, Boston, Mass., Richard D. Mason and Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., were on brief, for National Cylinder Gas Co. et al.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

HARTIGAN, Circuit Judge.

We have before us three appeals from a decision of the United States District Court for the District of Massachusetts in two patent infringement actions which were consolidated for trial. Plaintiff appeals in No. 5233 from the decision holding Claims 3 and 4 of Patent No. 2,268,172 and Claim 9 of Patent No. 2,468,741 owned by him to be invalid for lack of invention. Two cross appeals were filed by the defendants. No. 5235 concerned the district...

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