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DIEBOLD, INC. v. RECORD FILES

Civ. A. No. 27396.

114 F.Supp. 375 (1953)

DIEBOLD, Inc., et al. v. RECORD FILES, Inc.

United States District Court N. D. Ohio, E. D.

July 3, 1953.

Attorney(s) appearing for the Case

Clayton A. Quintrell, Cleveland, Ohio, Warren H. F. Schmieding, Columbus, Ohio, Geo. H. Barnard and Marion F. Graven, Wooster, Ohio, for plaintiffs.

Richey & Watts, F. O. Richey, A. H. Edgerton, H. F. Schneider, Cleveland, Ohio, Robert H. Critchfield, Wooster, Ohio, for defendants.

JONES, Chief Judge.

Defendant, Record Files Inc., moves to strike the supplemental complaint filed February 18, 1953; and further asks for dismissal of all portions of the complaint relating to the patent of Walter F. Regenhardt, No. 2,169,769. It asserts that the pertinent claims of Patent No. 2,169,769 are invalidated by an attempted but invalid disclaimer.

Facts respecting the disclaimer are set out in the supplemental complaint, and a copy of the disclaimer...

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