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NATIONAL BATTERY CO. v. WESTERN MOLDED PRODUCTS CO.

No. 884-B H.

39 F.Supp. 954 (1941)

NATIONAL BATTERY CO. et al. v. WESTERN MOLDED PRODUCTS CO.

District Court, S. D. California, Central Division.

July 23, 1941.

Attorney(s) appearing for the Case

Naylor & Lassagne, of San Francisco, Cal., for plaintiffs.

Lyon & Lyon and R. E. Caughey, all of Los Angeles, Cal., for defendant.

HARRISON, District Judge.

This is an action based on alleged infringement of Patent No. 2,098,478, issued November 9, 1937, upon application filed January 7, 1935, covering a battery container. The issues of invalidity and non-infringement have been raised by the answer.

The patent contains two claims as follows:

"1. The combination with a molded storage battery container formed with a recess in its outer surface, of a name plate formed from molded...

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