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NEWARK STOVE CO. v. GRAY & DUDLEY CO.

No. 129.

39 F.Supp. 992 (1941)

NEWARK STOVE CO. v. GRAY & DUDLEY CO.

District Court, M. D. Tennessee, Nashville Division.

May 28, 1941.

Attorney(s) appearing for the Case

J. D. Mosby (of Cornelius, McKinney & Gilbert), of Nashville, Tenn., and Casper W. Ooms (of Dawson, Ooms & Booth), and Frank H. Marks (of Lederer, Livingston Kahn & Adsit), both of Chicago, Ill., for plaintiff.

William Hume (of Trabue, Hume, Davis & Gale), of Nashville, Tenn., and James L. McManus (of Cromwell, Greist & Warden), of Chicago, Ill., for defendant.

DAVIES, District Judge.

I have tried to consider this question from every angle, that is, every material angle that has been brought up in this case.

I find that Mr. Pickup filed his application for the patent in question, the Pickup patent for the Cabinet Heater, on April 11, 1934, and the patent was actually issued by the Patent Office on November 19, 1935. When the application for a patent was first filed there were five claims made for it and opposition...

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