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STANDARD DUPLICATING MACH. CO. v. AMERICAN BUSINESS M. C.

Civ. No. 7209.

77 F.Supp. 871 (1948)

STANDARD DUPLICATING MACHINES CO., Inc. v. AMERICAN BUSINESS MACHINES CORPORATION.

District Court, D. Massachusetts.

May 18, 1948.

Attorney(s) appearing for the Case

George P. Dike, Cedric W. Porter, George P. Towle, Jr., and Dike, Calver & Porter, all of Boston, Mass., for plaintiff.

Herbert P. Kenway and Kenway, Jenney, Witter & Hildreth, all of Boston, Mass., for defendant.

SWEENEY, District Judge.

This action was initiated by a complaint charging infringement of Letters Patent Re. No. 19,951, dated April 28, 1936, which were applied for by one Storck and assigned to the plaintiff. The phase of the case which is before me now is the defendant's motion to dismiss because of "plaintiff's failure to file a disclaimer of claims 7, 9, 12 and 15 in accordance with R.S. § 4917 and R.S. § 4922, 35 U.S.C.A. §§ 65 and 71, since...

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