NEW PRODUCTS CORP. v. OUTBOARD, MARINE & MFG. CO.

No. 12324.

263 F.2d 521 (1959)

NEW PRODUCTS CORPORATION, a Delaware corporation, Plaintiff-Appellee, v. OUTBOARD, MARINE & MANUFACTURING COMPANY, a Delaware corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 16, 1959.


Attorney(s) appearing for the Case

S. L. Wheeler, Milwaukee, Wis., Timothy L. Tilton, Chicago, Ill., Wheeler, Wheeler & Wheeler, Milwaukee, Wis., Dawson, Tilton, Fallon & Lungmus, Chicago, Ill., of counsel, for appellant.

Warren C. Horton, Chicago, Ill., Charles F. Voytech, Chicago, Ill., of counsel, for appellee.

Before FINNEGAN and SCHNACKENBERG, Circuit Judges, and WHAM, District Judge.


SCHNACKENBERG, Circuit Judge.

From a judgment of the district court holding valid claims 1, 3 and 5 of Banker patent 2,409,236 owned by plaintiff, New Products Corporation, a Delaware corporation, and determining that Outboard. Marine & Manufacturing Company, a Delaware corporation, defendant, infringed said claims, defendant has appealed.

The Banker patent is for a method (defined by the claims in suit) of making roller cages. These claims pertain...

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