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AMERICAN TECHNICAL MACHINERY CORP. v. CAPAROTTA

No. 60-C-984.

229 F.Supp. 479 (1964)

AMERICAN TECHNICAL MACHINERY CORP., (Substituted for American Brush Machinery Company, Inc.), Plaintiff, v. Sylvester CAPAROTTA, doing business as Kings Brush Co. and as Kings Brush & Mop Co., Defendant.

United States District Court E. D. New York.

March 31, 1964.

Attorney(s) appearing for the Case

John M. Calimafde, New York City, for plaintiff.

Samuel Brodsky, New York City, for defendant.

MISHLER, District Judge.

Plaintiff's amended complaint states a claim for patent infringement of Patent No. 2,742,327. Plaintiff, at pre-trial (order dated 4/9/63), narrowed the claimed infringement to claims 2, 6, 13, 16 and 17. The answer pre-dates the amended complaint and is deemed the answer to the amended complaint (pre-trial order). Defendant attacks the validity of the patent on the following grounds:

1. The invention was patented or described in a...

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