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MOTO-MOWER CO. v. E. C. STEARNS & CO.

No. 72.

39 F.Supp. 778 (1941)

MOTO-MOWER CO. v. E. C. STEARNS & CO., Inc.

District Court, N. D. New York.

June 2, 1941.

Attorney(s) appearing for the Case

Barthel & Bugbee, of Detroit, Mich. (Willis Bugbee and Julian Caplan, both of Detroit, Mich., of counsel), for plaintiff.

Nottingham, Clymer, Smith & Paltz, of Syracuse, N. Y. (Frederic G. Bodell, D. Emmett Thompson, and J. Ross Paltz, all of Syracuse, N. Y., of counsel), for defendant.

BRYANT, District Judge.

Plaintiff, in its complaint, charges defendant with infringement of Patent No. 1,401,156, issued December 21, 1921, on an invention in a lawn mower. Defendant sets up defenses of noninfringement and invalidity. Upon the trial only the noninfringement issue was raised. Defendant contends that the patent must be so limited that it does not cover defendant's mower.

At the time the invention took place there were no ordinary sized self...

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