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TOLEDO SCALE CORP. v. WESTINGHOUSE ELECTRIC CORP.

No. 16010.

351 F.2d 173 (1965)

TOLEDO SCALE CORPORATION, Plaintiff-Appellee, v. WESTINGHOUSE ELECTRIC CORPORATION, Defendant-Appellant. WESTINGHOUSE ELECTRIC CORPORATION, Plaintiff-Appellant. v. TOLEDO SCALE CORPORATION, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 9, 1965.

Attorney(s) appearing for the Case

C. L. Freedman, Pittsburgh, Pa., Carl F. Schaffer, Owen & Owen, Toledo, Ohio, on brief, Ralph H. Swingle, Pittsburgh, Pa., of counsel, for appellant.

David H. Wilson, Jr., Toledo, Ohio, Marshall, Wilson & Yeasting, Toledo, Ohio, on brief, for appellee.

Before CECIL, PHILLIPS and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

This appeal concerns an invention (stated in 23 counts) designed to speed up the operation of automatic elevators. It is undisputed that inventor Phillip C. Keiper, who assigned his patents to appellant Westinghouse, first conceived of this invention. It is also undisputed that Westinghouse first applied for patents thereon.

Shortly after Keiper conceived of the particular invention involved here, Walter A. Nikazy, an engineer employed...

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