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JENN-AIR CORPORATION v. PENN VENTILATOR CO.

Nos. 71-1446, 71-1447.

464 F.2d 48 (1972)

JENN-AIR CORPORATION, Plaintiff-Appellant, v. PENN VENTILATOR CO., Inc., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Third Circuit.

Decided June 27, 1972.

Attorney(s) appearing for the Case

C. Frederick Leydig, Wolf, Hubbard, Leydig, Voit & Osann, Chicago, Ill., for appellant in No. 71-1446 and appellee in No. 71-1447.

Dana M. Raymond, Brumbaugh, Graves, Donohue & Raymond, New York City, for appellant in No. 71-1447 and appellee in No. 71-1446.

Before McLAUGHLIN, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

This is a patent infringement suit involving three of plaintiff's power ventilator patents. There was a fourth patent which plaintiff had originally claimed defendant had infringed. Plaintiff withdrew that charge prior to trial and at plaintiff's request, the district judge dismissed it with prejudice at the opening of the trial herein.

Application for his first patent was made by Mr. Jenn, its inventor...

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