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PIERCE v. AERONAUTICAL COMMUNICATIONS EQUIPMENT, INC.

No. 19422.

307 F.2d 790 (1962)

Helen Russell PIERCE, Executrix of the Last Will and Testament of George Washington Pierce, Deceased, Appellant, v. AERONAUTICAL COMMUNICATIONS EQUIPMENT, INC., Appellee.

United States Court of Appeals Fifth Circuit.

September 6, 1962.

Attorney(s) appearing for the Case

David Rines, Robert H. Rines, Boston Mass., Walter Humkey, Harold L. Ward, Miami, Fla., for appellant.

Walter H. Free, New York City, for appellee.

Before TUTTLE, Chief Judge, BELL, Circuit Judge, and CARSWELL, District Judge.

TUTTLE, Chief Judge.

We undertake here to present what we consider to be the fairly narrow issue that remains to be decided in this extended and hard-fought litigation. We do this by assuming the correctness of all of the contentions of the appellee except the ultimate conclusion of law which remains for our decision. The issue can be posed as a question: If an inventor obtains a combination patent in the area of radio communication, which combination

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