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INDUSTRIAL INSTRUMENT CORPORATION v. FOXBORO COMPANY

No. 21249.

335 F.2d 123 (1964)

INDUSTRIAL INSTRUMENT CORPORATION, Appellant, v. The FOXBORO COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 1, 1964.

Attorney(s) appearing for the Case

Joe E. Edwards, A. H. Evans, Houston, Tex., for appellant.

William C. Conner, Arthur V. Smith, Edward G. Curtis, Daniel L. Morris, Curtis, Morris and Safford, New York City, Garrett R. Tucker, Jr., Baker, Botts, Andrews & Shepherd, Houston, Tex., for appellee.

Before HUTCHESON and RIVES, Circuit Judges, and GROOMS, District Judge.

HUTCHESON, Circuit Judge.

This is the second time that claim 6 of appellant's patent No. 2,762,393 has been before us.1 On the first appeal we held that the offending device, the Foxboro Type 37 meter, infringed the claim here in issue. In finding infringement we held that claim 6 "accomplished a meritorious purpose by means not taught in the prior art."2 However, we ordered a remand as to this claim for a...

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