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INTERNATIONAL-STACEY CORPORATION v. UNITED STATES

No. 44276.

42 F.Supp. 384 (1942)

INTERNATIONAL-STACEY CORPORATION v. UNITED STATES.

Court of Claims.

January 5, 1942.

Attorney(s) appearing for the Case

Samuel Scrivener, Jr., of Washington, D. C. (William S. McDowell, of Columbus, Ohio, and Albert R. Grobstein, of Washington, D. C., on the brief), for plaintiff.

Paul P. Stoutenburgh, of Washington, D. C., Walter J. Blenko, of Pittsburgh, Pa., and Francis M. Shea, Asst. Atty. Gen. (T. Hayward Brown, of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice and LITTLETON, WHITAKER, JONES and MADDEN, Judges.

LITTLETON, Judge.

In view of the facts clearly established by the evidence of record, which facts so far as pertinent to the questions of validity and infringement now before the court are set forth in the findings, we are of opinion that claim 4 of the patent in suit is invalid under the prior art; that claims 5 and 7 as specifically limited are not applicable to the alleged infringing structure, and that if these claims are so interpreted as to disregard the specific...

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