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M. O. S. CORPORATION v. JOHN I. HAAS, INC.

No. 1525.

248 F.Supp. 211 (1965)

M. O. S. CORPORATION, Plaintiff, v. JOHN I. HAAS, INC., Defendant.

United States District Court E. D. Washington, S. D.

August 11, 1965.

Attorney(s) appearing for the Case

Robert S. Dunham, New York City, Kenneth C. Hawkins, Yakima, Wash., for plaintiff.

C. Willard Hayes and Edgar H. Martin of Cushman, Darby & Cushman, Washington, D. C., George C. Twohy, Yakima, Wash., for defendant.

LINDBERG, Chief Judge.

This is a patent case now before the court a second time for decision. A trial was held on the issues of infringement and validity on May 13, 14 and 15, 1963. These issues, however, were not fully considered and determined because of the court's ruling that an estoppel had arisen by virtue of statements of the patentee and action taken by the examiner in a proceeding before the Patent Office in connection with the denial of an application for...

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