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WARNER AND SWASEY COMPANY v. HELD

No. 17342.

413 F.2d 229 (1969)

WARNER AND SWASEY COMPANY, Plaintiff-Appellant, v. Edwin HELD, Jr., as Executor, etc., et al., and Cutting Tools, Inc., et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 2, 1969.

Attorney(s) appearing for the Case

J. William Freeman, Akron, Ohio, Eugene R. Sawall, Milwaukee, Wis., Freeman & Taylor, Akron, Ohio, for plaintiff-appellant.

Joseph P. House, Jr., Henry C. Fuller, Jr., Wheeler, Wheeler, House & Clemency, Milwaukee, Wis., for defendants-appellees.

Before DUFFY, Senior Circuit Judge, FAIRCHILD, Circuit Judge and BEAMER, District Judge.

DUFFY, Senior Circuit Judge.

This is a patent infringement suit charging defendants with infringement of Novkov Patent No. 2,846,756 ('756) and Novkov Patent No. 2,964,833 ('833) each of which pertains to cutoff tools.

During the prosecution of the '756 patent, the Patent Examiner required a division between 1) the claims that were directed to the combination, and 2) those claims of the application which were directed...

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