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REX CHAINBELT INC. v. BORG-WARNER CORPORATION

Nos. 71-1596, 71-1597.

477 F.2d 481 (1973)

REX CHAINBELT INC., Plaintiff-Appellee, v. BORG-WARNER CORPORATION, Defendant-Appellant. REX CHAINBELT INC., Plaintiff-Appellee, v. CARMAN INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 26, 1973.

Rehearing Denied May 18, 1973.

Attorney(s) appearing for the Case

Thomas F. McWilliams, Malcolm S. Bradway, Chicago, Ill., Basil H. Lorch, Jr., New Albany, Ind., for defendants-appellants.

Albert H. Pendleton, Ralph E. Church, Jr., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and CUMMINGS, Circuit Judge.

HASTINGS, Senior Circuit Judge.

On October 5, 1965, George D. Dumbaugh filed a patent application, Serial No. 493,197. Patent No. 3,251,457 issued to him on May 17, 1966.1 The Dumbaugh patent has been described as being generally directed to "the varying of the feed rates of vibratory conveyors by varying the voltage applied to a squirrel cage type of motor which drives the feeder or conveyor...

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