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LINDE AIR PRODUCTS CO. v. GRAVER TANK & MFG. CO.

No. 607.

86 F.Supp. 191 (1947)

LINDE AIR PRODUCTS CO. v. GRAVER TANK & MFG. CO., Inc. et al.

United States District Court N. D. Indiana, Hammond Division.

June 6, 1947.

Attorney(s) appearing for the Case

Cahill, Gordon, Zachry, & Reindel, New York City, Carlson, Pitzner, Hubbard, & Wolfe, Chicago, Ill., Crumpacker, May, Carlisle, & Beamer, South Bend, Ind., for plaintiff.

L. L. Bomberger, Hammond, Ind., McKeehan, Merrick, Arter & Stewart, Cleveland, Ohio, Wilkinson, Huxley, Byron & Knight, Chicago, Ill., Oberlin & Limbach, Cleveland, Ohio, for defendant.

SWYGERT, District Judge.

The first question to be decided in this case is: Did the patentees invent something patentable over the prior art of electric welding? If they did, two collateral questions arise: What constitutes their invention, and what are its boundaries?

The evidence on the first question is clear and convincing that Jones, Kennedy and Rotermund invented an important improvement in electric welding. Their method of welding differs vastly from...

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