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PORTER-CABLE MACHINE CO. v. BLACK AND DECKER MFG. CO.

No. 12174.

402 F.2d 517 (1968)

The PORTER-CABLE MACHINE COMPANY, and Rockwell Manufacturing Company, Appellees, v. The BLACK AND DECKER MANUFACTURING COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided September 13, 1968.

Rehearing Denied October 17, 1968.

Certiorari Denied January 27, 1969.

Attorney(s) appearing for the Case

Theodore S. Kenyon, New York City (Benjamin C. Howard, and Miles & Stockbridge, Baltimore, Md., C. Willard Hayes, and Cushman, Darby & Cushman, Washington, D. C., on brief) for appellant.

John D. Nies, Washington, D. C. (Strauch, Nolan, Neale, Nies & Kurz, Washington, D. C., Norman P. Ramsey, and Semmes, Bowen & Semmes, Baltimore, Md., on brief) for appellees.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

Certiorari Denied January 27, 1969. See 89 S.Ct. 716.

ALBERT V. BRYAN, Circuit Judge:

Infringement of patent 2,842,170, issued July 8, 1958, for a portable, powered saber saw (jigsaw) is here charged by the owner, The Porter-Cable Machine Company against The Black and Decker Manufacturing Company. Besides traversing the imputation, the defense also denies the patent's validity, saying that it was granted on the application of one not the originator of the...

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