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BURGESS BATTERY CO. v. UNITED STATES

No. 44695.

55 F.Supp. 603 (1944)

BURGESS BATTERY CO. v. UNITED STATES.

Court of Claims.

June 5, 1944.

Attorney(s) appearing for the Case

Daniel V. Mahoney, of New York City (Pennie, Davis, Marvin & Edmonds, of New York City, on the brief), for plaintiff.

T. H. Brown, of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen. (C. P. Goepel, of New York City, on the brief), for defendant.

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

WHITAKER, Judge.

Plaintiff, the assignee of the Norris patent, 1,726,500, sues to recover damages for its alleged infringement. The defendant defends upon the ground, among others, that the alleged invention was anticipated by prior art and knowledge, and, therefore, was lacking in patentable novelty.

The patent is on sound-deadening construction. It consists, briefly, of a sound-absorbing backing, such as felt...

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