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BLAW-KNOX COMPANY v. HARTSVILLE OIL MILL

No. 11680.

394 F.2d 877 (1968)

BLAW-KNOX COMPANY, Appellee, v. HARTSVILLE OIL MILL and the French Oil Machinery Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided April 2, 1968.

Attorney(s) appearing for the Case

Karl B. Lutz, Pittsburgh, Pa. (Brown, Critchlow, Flick & Peckham, Pittsburgh, Pa.; Philip Wilmeth and T. Russell Foster, Hartsville, S. C., on brief) for appellants.

Walter J. Blenko, Pittsburgh, Pa. (Frederick B. Ziesenheim, Arland T. Stein, and Blenko, Leonard & Buell, Pittsburgh, Pa.; John T. Roddey, and Roddey, Sumwalt & Carpenter, Rock Hill, S. C., and Wm. Henry Venable on brief) for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Means and methods for extracting oil from soybeans and cottonseed, by the use of solvents, are the subject of patent No. 2,840,459 issued June 24, 1958, on the assignment of George B. Karnofsky, to Blaw-Knox Company, Pittsburgh, Pennsylvania. Under it Blaw-Knox (BK) manufactured the Rotocel extractor and sued French Oil Mill Machinery Company, Piqua, Ohio, for infringement by French's product fashioned from patent No. 3,021,201 procured...

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