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ANTHONY COMPANY v. PERFECTION STEEL BODY COMPANY

No. 14842.

315 F.2d 138 (1963)

ANTHONY COMPANY and The Heil Company, Plaintiffs-Appellants, v. The PERFECTION STEEL BODY COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

Decided March 27, 1963.

Attorney(s) appearing for the Case

William C. McCoy, Cleveland, Ohio, Wm. C. McCoy, Jr., McCoy, Greene & TeGrotenhuis, Cleveland, Ohio, Parker & Carter, Leslie Parker, Howard T. Markey, Chicago, Ill., Morsell & Morsell, Arthur Morsell, Milwaukee, Wis., on brief for appellants.

Fred Ornstein, and Robert W. Poore, Cleveland, Ohio, Isler & Ornstein and Jones, Day, Cockley & Reavis, Cleveland, Ohio, on brief for appellee.

Before WEICK and O'SULLIVAN, Circuit Judges, and BOYD, District Judge.

WEICK, Circuit Judge.

Three rival inventors, Fields, Glick and Wood, had applications for patents pending in the Patent Office at the same time, which were filed within a period of three months. Each application related to improvements in hoisting a frameless dump trailer.

Because the Patent Office was of the view that the three patent applications contained common subject matter and claims for substantially the same...

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